Anil Kumar Thakur @ Sunil Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1403 of 2025 Arising Out of PS. Case No.-307 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Anil Kumar Thakur @ Sunil Kumar Thakur S/o Pitambar Thakur Resident Of Village- Baruar, P.S.- Babubarhi, Distt- Madhubani ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shivjee Singh, Advocate For the Respondent/s :

Mr. Ramchandra Singh, Spl. P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-07-2025 Heard Learned counsel for the appellant and Learned Special Public Prosecutor for the State.

2. The present Cr. Appeal (SJ) application has been filed for setting aside the order dated 18.03.2025 in Enquiry No.1741 of 2024 arising out of Babubarhi P.S. Case No.307 of 2023 passed by the Additional Sessions Judge-I-cum-Special Judge, Children Court, Madhubani, for the offence punishable under sections 364, 302, 201 & 120(B) of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present appellant alleging that they took the informant's son from his house on the pretext of attending a fair and subsequently killed him.

Patna High Court CR. APP (SJ) No.1403 of 2025(3) dt.18-07-2025 2/3

4. Learned counsel for the appellant submits that the appellant is innocent and has committed no offence. Counsel submits that the allegation against the appellant is that he along with his father have killed the victim (informant's son) and later on, his dead body was recovered. Counsel submits that the appellant has been declared juvenile by the Juvenile Board and as such, he has moved for bail application before this Hon'ble Court since, appellant was declared juvenile. Counsel submits that the appellant has no criminal antecedent and he is in custody since 25.09.2023 till December, 2024 and thereafter, he was remanded at Remand home, Darbhanga. Counsel submits that the appellant's father is also co-accused in this case, but his maternal uncle who has executed the affidavit undertakes and ready to keep the custody of his bhagna. Counsel further submits that he undertakes that he shall visit periodically once before the Juvenile Justice Board on every date along with his guardian.

5. Learned Special Public Prosecutor for the State opposes the prayer for bail of the appellant.

6. In the present facts and circumstances of this case, let the appellant above named be granted bail, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in

Patna High Court CR. APP (SJ) No.1403 of 2025(3) dt.18-07-2025 3/3 Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Children Court, Madhubani, in connection with Enquiry No.1741 of 2024 arising out of Babubarhi P.S. Case No.307 of 2023, subject to the conditions as laid down U/s 480(3) of the B.N.S.S., 2023.

7. It is made clear that the bail bond of the appellant shall be furnished by his maternal uncle as per the undertaking given by him mentioned above.

8. Accordingly, the order dated 18.03.2025 in Enquiry No.1741 of 2024 arising out of Babubarhi P.S. Case No.307 of 2023 passed by the Additional Sessions Judge-I-cum-Special Judge, Children Court, Madhubani is hereby set aside. (Dr. Anshuman, J) Divyansh/- U T