Buggi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18518 of 2020 Arising Out of PS. Case No.-487 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Buggi Thakur, male, aged about 25 years, S/o Late Chaudhary Thakur, R/o Village-Suhird Nagar, Ward no.24, P.S-Begusarai Town, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2020 Heard Mr. Shubhesh Pandey, learned Advocate for the petitioner and Mr. Surendra Prasad Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Begusarai Town P.S. Case No. 487 of 2018, dated 08.08.2018, instituted for the offences under Sections 364, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.18518 of 2020(5) dt.08-12-2020 2/3 Though the petitioner has not been named in the First Information Report, but his name has transpired during the course of investigation.

Learned counsel for the petitioner has submitted that the evidence collected against him is of weak type and, therefore, he deserves to be enlarged on anticipatory bail. From the perusal of the impugned order, it appears that the petitioner had intended to have the deceased killed and this information became known to the deceased and the petitioner also thought it to be prudent to execute his intentions, otherwise he would have been made accused in another case.

In any view of the matter, considering the fact that the petitioner has criminal antecedents and there is strong suspicion against him, I am not inclined to grant anticipatory bail to him.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks regular bail, the Court below shall

Patna High Court CR. MISC. No.18518 of 2020(5) dt.08-12-2020 3/3 consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T