Budhan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40144 of 2021 Arising Out of PS. Case No.-774 Year-2016 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Budhan Thakur S/O Chandeshwar Thakur R/O Village- Marpa Issar Das, P.S.- Mejarganj, District- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-02-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Aditya Narayan Singh 1, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Muzaffarpur Town P.S. Case No. 774 of 2016 registered for the offences punishable under Sections 467, 468, 420, 34 of the Indian Penal Code. He has got 9 criminal antecedents. The petitioner is in custody in connection with this case since 19.01.2021.

As per the prosecution story, the mobile number from which rangdari was being demanded was registered in the name of co-accused Sunil Kumar but in course of investigation, it has

Patna High Court CR. MISC. No.40144 of 2021(3) dt.23-02-2022 2/3 come that the shopkeeper happens to be an associate of this petitioner and on the prescribed form for issuance of SIM card the photograph of this petitioner was found pasted, the shopkeeper has stated that he had issued the SIM card on the direction of this petitioner.

Learned counsel submits that save and except the fact that the photograph of the petitioner has been allegedly found on the prescribed form, there is no other material showing that the petitioner was involved in demanding rangdari. Mr. Aditya Narayan Singh 1, learned APP for the State submits that in the case diary, the statements of the shopkeeper as well as some other witnesses are recorded and from a reading of those statements, it would appear that this petitioner is a veteran criminal who is involved in asking rangdari even when he remains inside the jail. It is his submission that the cases stated in paragraph '3' are of serious nature and almost similar kind of offences have been allegedly committed by this petitioner.

It is lastly submitted that considering that the cases against the petitioner has remained pending for over 6 years and in connection with this case he has been arrested after about 5 years, the petitioner does not deserve privilege of bail.

Patna High Court CR. MISC. No.40144 of 2021(3) dt.23-02-2022 3/3 Having regard to the seriousness of the offences alleged against the petitioner, the severity of punishment attached to those offences and the criminal antecedents of the petitioner, this Court is not inclined to release the petitioner on bail.

The prayer for bail of the petitioner is, thus, rejected. Let the trial be expedited.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.