Chandradeep Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35789 of 2023 Arising Out of PS. Case No.-54 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== CHANDRADEEP THAKUR SON OF LATE GANPAT THAKUR R/OBHAIRWAR, P.S.-MOUFASSIL (LAKHO O.P.), DISTT.-BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 342, 379, 308, 506/34 of the Indian Penal Code. Later on, charge sheet was submitted under Sections 147, 148, 149, 341, 323, 324, 342, 379, 307, 506/34 of the I.P.C.
As per allegation in the FIR, when the informant was going to his duty, on the way the petitioner along with other coaccused surround him and on the order of co-accused Rohit Thakur the petitioner attacked upon his neck with Astura but the informant caught his hand and Astura fell down. Thereafter the
Patna High Court CR. MISC. No.35789 of 2023(3) dt.11-09-2023 2/3 petitioner inflicted scissor blow upon chest of the informant due to which he became injured and he was taken to hospital by the villagers.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The F.I.R. has been lodged after the delay of more than two days. There is no eye witness in this case who could support the prosecution story. No any incriminating article has been recovered from the possession of the petitioner. The injury is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Several co-accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.04.2022 passed in Cr. Misc. No.45495 of 2021. It is also submitted that petitioner is languishing in judicial custody since 26.09.2021. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be
Patna High Court CR. MISC. No.35789 of 2023(3) dt.11-09-2023 3/3 enlarged on bail in connection with Begusarai Muffasil P.S. Case No. 54 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 Additional District & Sessions Judge-I, Begusarai.
(Sunil Kumar Panwar, J) lata/- U T