Parashuram Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27623 of 2025 Arising Out of PS. Case No.-68 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Parashuram Thakur Son of Devballab Thakur @ Deb Ballabh Thakur R/O Vill- Iatwa, Shiv Nagar, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with Ghanshyampur P.S. Case No. 68 of 2022 registered for the offence under Sections 395 of the I.P.C.
3. The petitioner is named in the F.I.R. and is in custody since 05.01.2023.
4. The allegation against the petitioner is to involve in occurrence of dacoity alongwith other co-accused which was committed in the shop of informant on 25.03.2022 and during the occurrence cash of Rs. 13 lakh was looted thereof.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with present
2/4 case on the basis of suspicion. Explaining further it is pointed out that on the basis of secret input provided by police spy, a raid was conducted in the house of co-accused Ghanshyam Thakur, where as a matter of co-incidence this petitioner was also present. It is also pointed out that during said police raid co-accused Ghanshyam Thakur, was apprehended from whom cash of Rs. 1,99,000/- was recovered whereas the pistols and live cartridge was recovered from co-accused Rajan Kumar Jha, whereas no incriminating material as such was recovered, from the possession of this petitioner and he was found only in possession of one mobile phone which belongs to him. It is also submitted that petitioner was not put on TIP as yet.
While concluding the argument, it is submitted that despite of custody of petitioner for more than 2 years, only four witnesses were examined out of 8 and therefore trial is not likely to be conclude in near future. It is further pointed out that petitioner found involved in four more criminal cases, where he is on bail and in maximum of cases his name transpired out of confessional statement or on suspicion as of present case.
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6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking note of fact as petitioner remains in custody for more than two year and six months i.e., 05.01.2023, where trial is not likely to be concluded in near future, coupled with fact that no incriminating material prima-facie appears recovered from the possession of this petitioner as to connect him with present occurrence of dacoity, accordingly petitioner above named, is directed to be released on bail in connection with Ghanshyampur P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Session Judge 1st Benipur, Darbhanga /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.
C/ Section 480(3) of BNSS, subject to further conditions:- "(i)If petitioner made any deliberate attempt to delay trial, State/informant shall be at liberty to press petition before the learned Trial Court for cancellation of bail bold of petitioner by learned Trial Court, itself, which shall be decided by learned Trial Court, in accordance with law after giving fair opportunity to petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically
4/4 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents."
(Chandra Shekhar Jha, J) Sudha/- U T