Vimlesh Thakur @ Bimlesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70127 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- DINARA District- Rohtas ====================================================== VIMLESH THAKUR @ BIMLESH THAKUR Son of Late Janardan Thakur Resident of Village-Koiriya, P.S.-Dinara, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate.

For the Opposite Party/s :

Mr.Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 147, 148, 149, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act. According to F.I.R., the petitioner caused fire arm injury at the head of the husband of the informant in presence of the informant.

Submission is that no other eye witness is there and the allegation is not corroborated by medical evidence as the

Patna High Court CR. MISC. No.70127 of 2019(3) dt.24-09-2020 2/3 doctor who performed post mortem examination did not find any fire arm injury. Petitioner is in custody since 18.06.2018. In the past, prayer for bail was refused on 18.04.2019. The report of the trial Judge reveals that only one prosecution witness was examined in January 2020. Petitioner is ready to cooperate with the trial. Petitioner has stated on oath that a criminal case is pending against him for bailable offences. Considering the entire facts aforesaid, especially the period already undergone by the petitioner and no material to substantiate that the petitioner is going to tamper with the evidence or hamper the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dinara P.S. Case No. 194 of 2018, S. Tr. No. 379 of 2019 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.70127 of 2019(3) dt.24-09-2020 3/3 permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T