Madhu Thakur @ Madhukant Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33004 of 2024 Arising Out of PS. Case No.-382 Year-2010 Thana- BANKA District- Banka ====================================================== Madhu Thakur @ Madhukant Thakur Son of Late Mandhan Thakur Resident of village - Bhatkundi, Police Station - Banka, District - Banka. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35074 of 2024 Arising Out of PS. Case No.-382 Year-2010 Thana- BANKA District- Banka ====================================================== Ranjeet Thakur @ Deo Prakash Thakur Son of Late Praduman Thakur RESIDENT OF VILLAGE - BHATKUNDI, POLICE STATION - BANKA, DISTRICT - BANKA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37080 of 2024 Arising Out of PS. Case No.-382 Year-2010 Thana- BANKA District- Banka ====================================================== SUTKESH THAKUR @ RAKESH KUMAR THAKUR S/O ASHISH THAKUR R/O BHATKUNDI, P.S- BANKA, DISTT.- BANKA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 33004 of 2024) For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Shailendra Kumar (In CRIMINAL MISCELLANEOUS No. 35074 of 2024) For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Rajendra Nath Jha (In CRIMINAL MISCELLANEOUS No. 37080 of 2024) For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Anil Prasad Singh ======================================================
Patna High Court CR. MISC. No.33004 of 2024(4) dt.12-07-2024 2/3 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Banka P.S. Case No. 382 of 2010 registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.
3. It is alleged by the informant that his son was committed murder by the petitioners in-connivance with the coaccused persons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. No one is eye witness of the alleged occurrence. No any consistent evidence has come against the petitioners regarding murder of the informant's son during investigation. It is further submitted that the FIR was lodged against the petitioners after recovery of dead body which creates doubt upon the prosecution. The petitioners are languishing in judicial custody for more than three moths.
5. In pursuance to the direction of this Court, a report with regard to present stage of trial dated 2.7.2024 has been received by which it appears that case is at the stage of commitment to the Court of sessions.
Patna High Court CR. MISC. No.33004 of 2024(4) dt.12-07-2024 3/3
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Banka P.S. Case No. 382 of 2010 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.
(Sunil Kumar Panwar, J) amandeep/- U