Bittu Thakur @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33322 of 2022 Arising Out of PS. Case No.-73 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== Bittu Thakur @ Abhishek Kumar S/O Late Yaduvansh Thakur R/O VillageKushi Harpur, Ramani, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is a case of commission of murder of the son of the informant namely Ankit Kumar @ Sonu Kumar and Avinash Kumar by some unknown criminals.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is neither

Patna High Court CR. MISC. No.33322 of 2022(5) dt.20-03-2023 2/3 named in the F.I.R. nor any witness during investigation has named the petitioner. The name of the petitioner subsequently sprang up on the confessional statement of co-accused Sudhakar Kumar and except confession nothing has come against the petitioner. The petitioner is languishing in custody since 09.09.2020. Moreover, similarly situated co-accused person has been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 15.10.2019 passed in Cr. Misc. No. 61425 of 2019.

In pursuance to the direction of this Court, a report with regard to the present stage of the case has been received which has been kept at Flag-R1. The report dated 25.02.2023 suggests that up-till-now, not a single witness has been examined on behalf of the prosecution and the record is at the stage of prosecution evidence.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.33322 of 2022(5) dt.20-03-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XV, Muzaffarpur in connection with Kanti P.S. Case No. 73 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T