Deepu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33582 of 2020 Arising Out of PS. Case No.-487 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DEEPU THAKUR S/o Kaleshwar Thakur @ Baleshwar Thakur Resident of Village-Bagha, P.S.-Town Begusarai, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that the informant's son was taken away by the accused persons and later on, he was shot dead. It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.33582 of 2020(2) dt.14-12-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-11-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. It is a case of last seen. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the present case. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 07-02-2019 passed in Cr. Misc. No. 75951 of 2019, annexed as Annexxure-2 to this application.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with P.S. Case No. 487 of 2018. (Sudhir Singh, J) A.K.V.//- U T