Vishal Thakur @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37034 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- DESARI District- Vaishali ====================================================== VISHAL THAKUR @ VISHAL KUMAR SON OF MANOJ KUMAR THAKUR Resident of village - Bhikhanpura, P.S.- Desri (O.P Chandpura), Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Nachiketa Jha, Advocate For the State :

Mr.Sanjay Kr. Tiwary, APP For the informant :

Mr.Pusupendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner, learned APP and learned counsel for the informant for the State. Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that co-accused Mithilesh Kumar and Sonu Kumar alongwith three unknown persons demanded extortion from the son of the informant, which was denied by her son. Thereafter co-accused Mithilesh Kumar fired from the pistol on the chest of her son, due to which he fell down. The

Patna High Court CR. MISC. No.37034 of 2021(2) dt.29-03-2022 2/3 son of the informant was taken to the Hospital for treatment, but on the way he died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the prosecution case, co-accused Mithilesh Kumar is alleged to have fired upon the son of the informant. The petitioner is not named in the F.I.R. His name has come in this case in course of investigation on the basis of confessional statement made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.37034 of 2021(2) dt.29-03-2022 3/3 Magistrate, Vaishali at Hajipur in connection with Desri (Chandpura O.P.) P.S. case No.24/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T