Vivek Thakur @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41163 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Vivek Thakur @ Vivek Kumar, Son of Suresh Thakur @ Awadhesh Kumar Thakur, Resident of Village- Tejpurwa, Police Station- Malahi, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 The petitioner is in custody since 04.04.2017 in connection with Paharpur P.S. Case No. 77 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioner is named in the F.I.R. and the allegation against him is of causing death of the son and nephew of the informant.

Submission of learned counsel for the petitioner is that except suspicion there is nothing against the petitioner and al though there is confession of this petitioner, however, the other co-accused persons, who have also confessed before the police, have already granted bail by Coordinate Bench of this Court vide

Patna High Court Cr.Misc. No.41163 of 2018 (3) dt.25-09-2018 2/3 order dated 02.02.2018 passed in Cr. Misc. No.4905 of 2018, vide order dated 19.09.2017 passed in Cr. Misc. No.40652 of 2017 and vide order dated 17.11.2017 passed in Cr. Misc. No.48525 of 2017 and petitioner is in custody since 04.04.2017. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, 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, East Champaran, Motihari, in connection with Paharpur P.S. Case No. 77 of 2017, 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

Patna High Court Cr.Misc. No.41163 of 2018 (3) dt.25-09-2018 3/3 part to appear before the 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/Amjad/- U T