Patna High CourtCR. MISC./49488/2018bail granted

Binod Thakur v. The State Of Bihar

2018-10-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49488 of 2018 Arising Out of PS.Case No. -332 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Binod Thakur, Son of Gama Thakur, Resident of Village- Khagra, P.S.- Parbatta, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 The petitioner is in custody since 07.04.2018 in connection with Kotwali (Tilka Manjhi) P.S. Case No. 332 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation as per F.I.R. is that informant received information that his two Mamas (maternal uncle) were killed and on that information, he went to the place of occurrence and thereafter lodged the case.

Submission of learned counsel for the petitioner is that the petitioner is not named in the F.I.R., later on his name transpired during course of investigation. Further submission is that except suspicion, there is nothing against the petitioner and he is in custody since 07.04.2018.

Heard learned A.P.P. also.

Having heard both sides and considering the

Patna High Court Cr.Misc. No.49488 of 2018 (3) dt.04-10-2018 2/2 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, Bhagalpur, in connection with Kotwali (Tilka Manjhi) P.S. Case No. 332 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 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