Bhikhari Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25109 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- JALE District- Darbhanga ====================================================== Bhikhari Thakur S/o Late Niras Thakur R/o of Village- Satyamacha, P.S.- Dumra and District- Sitamarhi, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Chandra, Adv.
Mr. Kumar Vikram, Adv.
Mr. Sarvottam Anand, Adv.
For the Opposite Party/s :
Mr. Anil Kr. Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard the parties.
2. The petitioner seeks bail in connection with Jaley P.S. Case No. 222 of 2024 registered for the offence punishable under Sections 310(2) and 311 of BNSS.
3. The petitioner is not named in the F.I.R. and is in custody since 22.11.2024.
4. The allegation against the petitioner is to commit dacoity alongwith other unknown co-accused persons and while committing so looted case of Rs. 45,000/- and other gold made jewelries.
5. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner transpired on
Patna High Court CR. MISC. No.25109 of 2025(4) dt.29-07-2025 2/3 the basis of confessional statement of one apprehended coaccused namely, Istihak Naddaf, in furtherance of which no incriminating materials/ looted items as alleged through FIR was recovered from the possession of this petitioner. It is submitted that the petitioner is running a jewelry shop at Dumra, Sitamarhi and without having connecting materials except suspicion that the looted articles belongs to informant this petitioner, was implicated with present crime in question. Petitioner was not put on TIP as yet. While concluding the argument, it is submitted that petitioner found involved in two more criminal cases and moreover, investigation of this case is completed, as such, there is no chance of tampering with the evidence and moreover, two similarly situated co-accused persons have been granted bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 27066 of 2025 vide its order dated 06.05.2025.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicions arising out of confessional statement of co-accused nothing incriminating
Patna High Court CR. MISC. No.25109 of 2025(4) dt.29-07-2025 3/3 appears to be surfaced as to connect petitioner prima-facie with present crime in question, coupled with fact that chargesheet has already been submitted, where petitioner remains in custody since 22.11.2024, accordingly petitioner above named, is directed to be released on bail in connection with Jaley P.S. Case No. 222 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. CJM-I, Darbhanga /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T