Bikash Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17588 of 2021 Arising Out of PS. Case No.-470 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== BIKASH KUMAR THAKUR Son of Santosh Kumar Thakur Resident of Rajendra Nagar Ward no-20, P.S.- and P.O.- Chitragupta Nagar, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the informant was shot by an accused whom he says he can identify on seeing him again.

It is submitted by learned counsel for the petitioner that the the petitioner has been falsely implication in the case. Although the informant has not named him in the F.I.R. and at the same time claims that he can identify the accused on seeking him again, however, in his further statement recorded in paragraph no.26 of the case diary the informant names him

Patna High Court CR. MISC. No.17588 of 2021(3) dt.04-10-2021 2/2 making allegations that he was shot because the informant was demanding a sum of Rs.526/ from the petitioner as the cost of the eggs he had consumed at his shop. The petitioner is in custody since 26.10.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 26.10.2020, the Court directs the petitioner to be enlarged on bail in connection with Khagaria (Chitragupta Nagar) P.S. Case no. 470 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria/concerned Court.

(Partha Sarthy, J) Bibhash U