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HIGH COURT OF PATNA
Mr. Justice Ashutosh Kumar
CHANCHAL THAKUR – Appellant
Versus
The State – Respondent
CR. MISC./19440/2021



ANTICIPATORY BAIL CAN BE GRANTED TO AN ACCUSED WHO IS APPREHENSIVE OF ARREST IF HE HAS A GOOD DEFENSE AND THERE IS NO LIKELIHOOD OF HIS ABSCONDING OR TAMPERING WITH THE EVIDENCE.

Headnote:

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

T

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