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Patna High CourtCR. MISC./29352/2025bail granted

Shambhunath Thakur @ Guddu Thakur v. The State Of Bihar

2025-06-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29352 of 2025 Arising Out of PS. Case No.-243 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Shambhunath Thakur @ Guddu Thakur S/o Late Ramjash Thakur @ Ram Yash Thakur @ Munchun Thakur R/o Village- Bathaul, P.S.- Nanpur, Distt.- Samastipur, Pin code- 843318 ... ... Petitioner/s

Versus

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

Appearance :

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Advocate Mr. Rohit Mishra, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 29.02.2024 passed in Cr. Misc. No. 78814 of 2023.

3. The petitioner seeks regular bail in a case registered for the offence under Section 302 of the Indian Penal Code.

4. The following order was passed on 29.02.2024 in Cr. Misc. No. 78814 of 2023:- Heard learned counsel for the petitioner and learned APP for the State.

2. This application for grant of regular bail arises out of Nanpur P.S. Case No.243 of 2023 registered for the offence punishable under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act.

3. The petitioner is said to have killed the

Patna High Court CR. MISC. No.29352 of 2025(3) dt.20-06-2025 2/3 deceased. The deceased before his death has given the statement to the informant.

4. Learned counsel for the informant submits that the trial is on the verge of completion. The petitioner is in custody since 26.05.2023.

5. Considering the aforesaid facts, I am not inclined to grant the petitioner privilege of regular bail for the present. Accordingly, this bail application is rejected. The trial court is directed to expedite the trial and conclude the same as early as possible.

5. Mr. Shahi, learned Senior Counsel appearing for the petitioner has taken this Court to the paragraph nos. 42, 43 and 44 of the case diary in which it has come that Raja Yadav who had disclosed the name of the petitioner as the assailant of the deceased has himself been made accused in the present case and it has come during investigation that pistol of Raja Yadav while being cleaned got fired and hit the deceased and Raja Yadav to save himself has made the petitioner an accused.

6. The petitioner is in custody since 26.05.2023.

7. Considering the facts and circumstances of the case as well as the submission of the learned counsel for the petitioner, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I, Special Judge, Sitamarhi/concerned Court below in connection with Nanpur

Patna High Court CR. MISC. No.29352 of 2025(3) dt.20-06-2025 3/3 P.S. Case No. 243 of 2023.

9. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U