Binesh Thakur @ Dinesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70381 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- PURAINI District- Madhepura ====================================================== BINESH THAKUR @ DINESH THAKUR Son of Late Bhagwat Thakur Resident of Village-Rauta, Police Station-Puraini, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Section 341, 323, 325, 307, 379, 504/34 of Indian Penal Code (for brevity, IPC) It is submitted that all Sections of IPC are bailable except Sections 379, 307 of IPC and so far as allegations under Sections 307 and 379 of IPC are concerned, same are neither applicable nor made out against the petitioner in the facts and circumstances of the case. He further submits that there is no intention on the part of this petitioner to kill the informant and, therefore, no offence under Section 307 of IPC is made out in this case and there is no allegation under Section 379 of IPC

Patna High Court CR. MISC. No.70381 of 2019(2) dt.04-12-2019 2/3 against this petitioner and furthermore allegation under Section 379 of IPC appears to be super addition. He further submits that the petitioner has got no past criminal antecedent. It is further submitted that the alleged assault is not corroborated by the injury report.

Learned APP for the State has opposed the prayer for bail.

Having considered the rival submissions, prayer for bail is allowed.

Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Uda Kishunganj, Madhepura in Puraini Police Station Caswe No 96 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.70381 of 2019(2) dt.04-12-2019 3/3 bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T