Sanjiv Thakur @ Sandip Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22167 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- District- Supaul ====================================================== 1.
SANJIV THAKUR @ SANDIP THAKUR Son of Udaya Nand Thakur Resident of Village- Balua Bazar, P.S.- Balua Bazar, District- Supaul. 2.
Ranjan Ram Son of Badri Ram Resident of Village- Matiyari, P.S.- Balua Bazar, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case instituted for the offences under Sections 302, 120B/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.22167 of 2020(2) dt.04-09-2020 2/3 Prosecution case, in short, is that the accused persons committed murder of the husband of the informant. It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 22.01.2020 and petitioner No.2 is in custody since 16.01.2020 and have got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No.1 is named in the F.I.R. and petitioner No.2 is not named in the F.I.R. The names of the petitioners have transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the alleged occurrence. Other co-accused has been granted bail vide Annexure 2 to the present application.
On behalf of the State, it is submitted that the petitioner No.1 is named in the F.I.R. and petitioner No.2 is not named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, is directed
Patna High Court CR. MISC. No.22167 of 2020(2) dt.04-09-2020 3/3 to be released on bail on their personal bond to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Balua Bazar P.S. case No.53 of 2019.
Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T