Ambuj Thakur @ Ambuj Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8862 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ambuj Thakur @ Ambuj Kumar Thakur son of Late Rajendra Thakur villageDhobia kothi, Sachchidanand Nagar, Ps -Tilkamanjhi Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code and Section 25(1-b)(a)/26, 27 of the Arms Act.
3. The allegation in the first information report is that the petitioner Ambuj Thakur had called the son of the informant for coming to the coaching centre of one Karan Kumar at 10.30pm in the night and the deceased had accompanied the petitioner to the said coaching centre. Further, it is alleged that in the morning of 19.02.2024, the police informed the informant that his son Ajit Rai was shot and was taken to the hospital for treatment. It has been alleged that the co-accused Karan Kumar
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4. Learned counsel for the petitioner submits that as a matter of fact, there is no eye witness to the occurrence and the petitioner and the deceased were both friends and that is precisely the reason that no objection or suspicion was raised when the deceased had left along with the petitioner to the coaching institute of Karan Kumar. Further, during the course of investigation of the case, one live cartridge has been recovered near the coaching institute of Karan Kumar and the said Karan Kumar upon his arrest confessed his guilt before the police and admitted that he was the one who had shot at the deceased and had given the said pistol to co-accused Ranjan and the petitioner Ambuj Thakur for hiding the same and the petitioner and Ranjan Kumar then fled away from the scene of occurrence.
It has further been brought to the notice of the court that coaccused Karan Kumar who has been named in the FIR and Ranjan Kumar have both been granted bail by a coordinate Bench of this Court vide order dated 13.12.2024 passed in Cr. Misc. No. 64228 of 2024 and vide order dated 17.09.2024 passed in Cr. Misc. No. 59528 of 2024 respectively. The petitioner is in custody since 20.02.
3/4 antecedent. Further, it has also been submitted that the charges have been framed in the case and the case is pending on prosecution evidence and two out of eight charge-sheet witness have already been examined.
5. Learned APP for the State has opposed the application for bail.
6. Taking into consideration the fact that there is no likelihood of conclusion of the trial in near future, let the above named petitioner, be enlarged on bail 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 court below where the case is pending/successor court in connection with Kotwali (Tilkamanjhi) P.S. Case No. 141 of 2024, subject to the consideration that the petitioner would appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial and if the petitioner does not appear on any date without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J) devendra/- U T
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