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Patna High CourtCR. MISC./16517/2017allowed

Amit Thakur v. The State Of Bihar

2017-04-12Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16517 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Amit Thakur, Son of Rajeshwar Thakur, R/o Village Tarwa, P.S.- Manjhagarh, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 The petitioner is in custody since 11.05.2016 in connection with Manjhagarh P.S. Case No. 69 of 2016, registered for offences punishable under Sections 447, 504, 307, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner and other co-accused persons that they fired on informant and his son causing injuries to them.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case by the informant with the ulterior motive. He is the driver of the brother in law of the coaccused and has nothing to do with the alleged offence. Moreover the parties have now compromised the matter, which is evident

Patna High Court Cr.Misc. No.16517 of 2017 (3) dt.12-04-2017 2/3 from Annexure -2 of this petition. Petitioner has been in judicial custody since 11.05.2016.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also that now the parties have already settled their dispute outside the court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Manjhagarh P.S. Case No. 69 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.16517 of 2017 (3) dt.12-04-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T