Pappu Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.60106 of 2017 (2) dt.14-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60106 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Pappu Thakur Son of Kishori Thakur Resident of Village- Haweli, P.S. Bihar, Distt. Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.07.2017 in connection with Harnaut P.S. Case No. 167 of 2017 for the alleged offences under Sections 279, 286, 287, 304, 308, 324, 326, 120B of the Indian Penal Code and Section 3,4,5 of the Explosives Substance Act.

3. It is submitted that the petitioner has been falsely implicated merely because he is alleged to be the khalasi of the bus in question which caught fire allegedly because of explosive substance kept in the said vehicle. It is submitted that there is no specific accusation against the petitioner nor against the bus driver and the bus owner. Co-accused Randhir Kumar, the owner of the bus, has been granted anticipatory bail by this Court in Cr. Misc. No. 30743 of 2017 and Jogi Yadav, the driver of the bus has also been granted bail by the learned Court below. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.60106 of 2017 (2) dt.14-12-2017 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 167 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T