Patna High CourtCR. MISC./24031/2024partly allowed disposal

Pitambar Thakur v. The State Of Bihar

2024-05-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24031 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Pitambar Thakur S/o Hari Narayan Thakur R/o vill - Baruwar, ward no. 8, P.S. - Babubarhi, Distt.- Madhubani 2.

Anil Kumar Thakur @ Sunil Kumar Thakur S/o Pitambar Thakur R/o vill - Baruwar, ward no. 8, P.S. - Babubarhi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP For the Informant :

Mr. Shailendra Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners submits that the prayer for bail of the petitioners has earlier been rejected vide order dated 07.02.2024 passed in Criminal Miscellaneous No. 4868 of 2024.

3. Learned counsel for the petitioners further submits that the charge has been framed in this case on 17.02.2024. By supplementary affidavit, he further submits that the stage of petitioner no.1, Pitambar Thakur is very critical which requires personal care of the family members and specialized treatment of the doctor.

4. Learned counsel for the informant vehemently

Patna High Court CR. MISC. No.24031 of 2024(2) dt.10-05-2024 2/2 opposes the prayer for bail and submits that he is continuously contesting this case and there is a likelihood that without making any further delay, he shall support in prosecution in adducing evidence on behalf of the prosecution witnesses.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering this aspect that petitioner no.1, namely, Pitambar Thakur, is suffering from different ailments, let he be released on bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, V, Madhubani, in connection with Babubarhi P.S. Case No. 307/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. So far as the prayer for bail on behalf of petitioner no.2, namely, Anil Kumar Thakur @ Sunil Kumar Thakur is concerned, this Court is not inclined to enlarged him on bail. Accordingly, the prayer for bail of petitioner no.2 is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T