Heera Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14964 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- KOTWA District- East Champaran ====================================================== HEERA THAKUR S/O LATE CHANDRIKA THAKUR R/v- Chargahan, P.S.- Turkauliya, District- East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the uncle of the informant with an intention to grab his property.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has not gone to the house of the Asarfi Thakur (deceased). There is no eye-witness of the alleged occurrence only on the basis of suspicion, the name of the petitioner has come into light. During

Patna High Court CR. MISC. No.14964 of 2023(2) dt.28-04-2023 2/2 investigation, there is no any consistent material evidence has come against the petitioner to show his involvement in the alleged crime. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 04.04.2023 passed in Cr. Misc. No. 67660 of 2022. The case of this petitioner stands on similar footing. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in connection with Kotwa P.S. Case No. 293 of 2022.

(Sunil Kumar Panwar, J) arish/- U T