Vinod Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20255 of 2018 Arising Out of PS.Case No. -400 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Vinod Kumar Thakur Son of Yogendra Thakur R/o Village-Malinagar, P.S.-Chak Mehsi, District-Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Madhubani P.S.Cae no.400 of 2015 , registered for offences punishable under Sections 364/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping/abduction of the father of the informant and later on dead body was recovered.

Submission of the learned counsel for the petitioner is that the petitioner is not named as the accused in the FIR and later on on confessional statement of the co-accused his name has transpired and he has been made accused only because he is Sala of the main accused and the accused named in the FIR has already been granted privilege of the anticipatory bail by this Court, vide

Patna High Court Cr.Misc. No.20255 of 2018 (3) dt.20-06-2018 2/2 order dated 1.7.2016 passed in Cr. Misc. No.14979 of 2016 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of receipt of the order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani in connection with Madhubani Town P.S.Case no.400 of 2015 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T