Narain Thakur @ Namonarain Thakur @ Bablu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22315 of 2022 Arising Out of PS. Case No.-472 Year-2021 Thana- BIHIA District- Bhojpur ====================================================== Narain Thakur @ Namonarain Thakur @ Bablu Thakur Son of Late Kamalvas Thakur, Resident of Village - Rajpur, P.S. - Behiyan, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Jee Mishra, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Behiyan (Bahoranpur O.P.) P. S. Case No. 472 of 2021 lodged under Sections 302 and 201/34 of the Indian Penal Code read with Section 27 of the Arms Act.

The informant is father of the deceased, who filed the present case on the basis of information received on mobile. The informant has made allegation against one Bipin Kumar Thakur, who was friend of the son of the informant. Name of the petitioner has also been stated in the F.I.R. but it is on the basis

Patna High Court CR. MISC. No.22315 of 2022(4) dt.05-09-2022 2/3 of suspicion.

Learned counsel for the petitioner submits that name of the petitioner has come in the F.I.R. by virtue of suspicion made by the father of the informant. He further submits that petitioner is in custody since 20.12.2021 and he has clean antecedent. He further submits that charge sheet has already been filed in this case. He further submits that case diary has been called for in this case and according to him, there is no direct evidence against the petitioner present in the entire case diary.

Learned counsel for the State opposes the prayer for bail and submits that it is true that there is no direct evidence against the petitioner but his name has stated by the confessional statement of the co-accused Prayag Raj as well as confessional statement of the petitioner himself.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted 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 A.C.J.M.-IV, Bhojpur at Ara in connection with Behiyan P.S. Case No. 472 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with

Patna High Court CR. MISC. No.22315 of 2022(4) dt.05-09-2022 3/3 other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

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