Mahesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79013 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- LAUKARIA District- West Champaran ====================================================== Mahesh Thakur S/o Kapildev Thakur R/vill-Baheri Sthan, P.S-Piprasi, Distt.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Laukariya P.S. Case No. 83 of 2018 registered for the offence punishable 25(1-B)a and 26 of the Arms Act, Section 3, 4 of the Explosive Substance Act and sections 16, 17, 18, 20, 22, 23 of U.A.P. Act. Allegation against the petitioner is of being a member of extremist group (Maowadi).
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. No incriminating material has been recovered from the possession of the petitioner. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 22.01.2019 in Criminal Miscellaneous No. 754 of 2019. Petitioner has got no criminal antecedent and
Patna High Court Cr.Misc. No.79013 of 2018(2) dt.29-01-2019 2/2 is in custody since 06.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Bagaha, West Champaran, in connection with Laukariya P.S. Case No. 83 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U