HIGH COURT OF PATNA
Mr. Justice Ashutosh Kumar
CHANCHAL THAKUR – Appellant
Versus
The State – Respondent
CR. MISC./19440/2021
ANTICIPATORY BAIL - SECTION 438 CRPC - ACCUSED WAS PERFORMING HIS DUTIES AS A SUPERVISOR IN A COMPANY AT PUNE ON THE DATE OF OCCURRENCE - CCTV FOOTAGE OF THE OFFICE ROOM WHERE THE ACCUSED HAD BEEN DISCHARGING HIS DUTIES CAN BE PRODUCED TO PROVE HIS PRESENCE - NO CRIMINAL ANTECEDENTS - BAIL GRANTED.
Fact of the Case:
PETITIONER SEEKS BAIL IN ANTICIPATION OF HIS ARREST IN CONNECTION WITH A CASE INSTITUTED FOR OFFENCES UNDER SECTIONS 341, 323, 324, 307, 504 AND 506/34 OF THE INDIAN PENAL CODE. THE PETITIONER AND TWO OTHERS ARE SAID TO HAVE ARRIVED AT THE HOUSE OF THE INFORMANT. WHEN HE WAS IMMOBILIZED BY THE PETITIONER AND ANOTHER, ONE OTHER ACCUSED PERSON IS SAID TO HAVE ASSAULTED HIM BY MEANS OF A KNIFE LEADING TO INJURIES TO HIM.
Finding of the Court:
CONSIDERING THE SUBMISSIONS ON BEHALF OF THE PETITIONER, HE IS DIRECTED TO BE RELEASED ON BAIL, IN THE EVENT OF HIS ARREST OR SURRENDER BEFORE THE LEARNED COURT BELOW WITHIN A PERIOD OF FOUR WEEKS FROM THE DATE OF RECEIPT/PRODUCTION OF A COPY OF THIS ORDER, ON HIS FURNISHING BAIL BONDS IN THE SUM OF RS. 10,000/- (TEN THOUSAND) WITH TWO SURETIES OF THE LIKE AMOUNT EACH TO THE SATISFACTION OF THE LEARNED CJM, VAISHALI AT HAJIPUR IN CONNECTION WITH THE CASE, SUBJECT TO THE CONDITION AS LAID DOWN UNDER SECTION 438 (2) CR. P.C.
Issues: WHETHER THE ACCUSED IS ENTITLED TO ANTICIPATORY BAIL.
Ratio Decidendi: THE ACCUSED WAS PERFORMING HIS DUTIES AS A SUPERVISOR IN A COMPANY AT PUNE ON THE DATE OF OCCURRENCE. CCTV FOOTAGE OF THE OFFICE ROOM WHERE THE ACCUSED HAD BEEN DISCHARGING HIS DUTIES CAN BE PRODUCED TO PROVE HIS PRESENCE. THE ACCUSED HAS NO CRIMINAL ANTECEDENTS.
Final Decision: ANTICIPATORY BAIL GRANTED.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19440 of 2021
Arising Out of PS. Case No.-47 Year-2020 Thana- BALIGAON District- Vaishali
======================================================
CHANCHAL THAKUR S/O JAPPI THAKUR R/O VILLAGE-
CHAKJADO, P.S.-BALIGAON, DISTRICT-VAISHALI.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Dharmesh Kumar, Advocate.
For the Opposite Party/s :
Mr.Rajesh Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2
11-01-2022
Heard Mr. Dharmesh Kumar, learned Advocate for the
petitioner and Mr. Rajesh Kumar, learned Additional Public
Prosecutor for the State.
The petitioner seeks bail in anticipation of his arrest in
connection with Baligaon P. S. Case No. 47 of 2020 instituted
for the offences under Sections 341, 323, 324, 307, 504 and
506/34 of the Indian Penal Code.
The petitioner and two others are said to have arrived
at the house of the informant. When he was immobilized by the
petitioner and another, one other accused person is said to have
assaulted him by means of a knife leading to injuries to him.
Learned counsel for the petitioner has submitted, in
the first instance, that the accusation against him is only of
holding the legs of the informant/victim. The accusation is
absolutely false. At the time of the occurrence, the petitioner
Patna High Court CR. MISC. No.19440 of 2021(2) dt.11-01-2022
2/2
was performing his duties as a supervisor in Jai Bhawani Maha
Stamping Pvt. Ltd. At Pune. It has further been submitted that
on such date, the presence of the petitioner in his office can be
proved from the CCTV footage of the office room where the
petitioner had been discharging his duties.
The Petitioner has been made accused in this case
because of village politics and rivalry.
Apart from this, it has been submitted that the
petitioner does not have criminal antecedents.
Considering the afore-noted submissions on behalf of
the petitioner, he is directed to be released on bail, in the event
of his arrest or surrender before the learned Court below within
a period of four weeks from the date of receipt/production of a
copy of this order, on his furnishing bail bonds in the sum of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned CJM, Vaishali at Hajipur
in connection with Baligaon P. S. Case No. 47 of 2020, subject
to the condition as laid down under Section 438 (2) Cr. P.C.
The application stands allowed.
mantreshwar/-
Ashutosh Kumar, J)
U
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