Ashok Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12903 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Ashok Thakur S/O Lakhan Thakur Resident of Village- Puraini Basa, P.S.- Alam Nagar, District- Madhepura.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 20.10.2022 in connection with Alamnagar P.S. Case No. 117 of 2022, F.I.R. dated 10.05.2022 for the offences punishable under Sections 302 of the Indian Penal Code and 27 of the Arms Act.

3. According to prosecution case, some unknown criminals have murdered the husband of the informant and thrown his dead body near the pond of Dr. Satya Narayan Prasad Singh.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired

Patna High Court CR. MISC. No.12903 of 2023(5) dt.31-08-2023 2/3 during investigation and no incriminating materials have come during investigation to suggest the involvement of the petitioner in the present case.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that sufficient material has come during investigation to suggest the involvement of the petitioner in the present occurrence in paragraph nos. 51, 59 and 65. He further submits that apart from the aforesaid, the CDR location which was mentioned in paragraph no. 50 of the case diary suggests that the petitioner has called the husband of the informant on the date of occurrence and later on he murdered the husband of the informant and thrown his dead body near the pond and the arms which was used in the present crime in question has been recovered from the possession of the petitioner. He further submits that apart from the aforesaid, the petitioner carries 26 criminal antecedents other than the present one and all the cases are of serious nature.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Alamnagar P.S. Case No. 117 of 2022 pending in the court of learned Judicial Magistrate 1st Class, Udakishunganj, District-

Patna High Court CR. MISC. No.12903 of 2023(5) dt.31-08-2023 3/3 Madhepura.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T