Saurav Thakur @ Saurab Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28545 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== SAURAV THAKUR @ SAURAB THAKUR Late Manoj Thakur R/oBheriya Rahika,P.S.- Sahayak, Distt.- Katihar. versus ... ... Petitioner/s The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the petitioner telephoned and called the informant's father to his house. On reaching near the petrol pump the nine named accused persons and 9 to 10 others were present there variously armed with lathi, danda, iron rod, brick etc.. As a result of the assault by the accused persons together with him being dashed by the motor vehicle, he died. There was dispute between the accused and the informant's father. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

Patna High Court CR. MISC. No.28545 of 2022(3) dt.16-01-2023 2/2 because of pending dispute between the parties. No overt act has been alleged against him. He is not being named in the category of persons who were waiting near the petrol pump armed and who assaulted him leading to his death. Several FIR named coaccused have been enlarged on bail. The petitioner is in custody since 20.11.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the nature of material that has transpired in course of investigation, the petitioner being in custody for more than 1 since 20.11.2021, charge sheet having been submitted in the case and grant of bail to several FIR named co-accused, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 77 of 2022 (Arising out of Katihar Mufassil P.S. Case no. 63 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Katihar. (Partha Sarthy, J) Prakash/- U