Bhikhari Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41996 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- JALE District- Darbhanga ====================================================== Bhikhari Thakur S/o Late Niras Thakur R/o Vill- Satyamacha, P.S.- Dumra, Distt- Sitamarhi, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Chandra For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-11-2025 Heard the parties.

2. Considering the submission that impugned order speaks that the petitioner is in judicial custody, therefore, in concluding paragraph the word "Anticipatory Bail" completely appears out of typographical error.

3. The submission of learned counsel for the petitioner appears convincing.

4. Taking note of aforesaid, the defects as pointed out by the office is ignored for the present.

5. The petitioner seeks bail in connection with Jalley P.S. Case No. 200 of 2024 registered for the offence under Sections 310(2) and 311 of BNS.

Patna High Court CR. MISC. No.41996 of 2025(2) dt.01-11-2025 2/3

6. The petitioner is not named in the F.I.R. and is in custody since 23.01.2025.

7. As per FIR, some unknown miscreants while committing dacoity looted cash of Rs. 45,000/- and golden jewelry from the house of informant.

8. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired on the basis of confessional statement of apprehended coaccused Ishtiaq Naddaf. It is pointed out that merely some silver jewelry in deform condition was recovered from petitioner while he was apprehended in Jalle P.S. Case No. 201 of 2024, and mere on the basis of suspicion arising out of said recovery he was implicated with present case without having any cogent material. It is submitted that even recovered silver jewelry was not put on material TIP for its identification and even petitioner was not put on TIP as yet. While concluding the argument, it is submitted that petitioner found involved in two more criminal cases and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering

Patna High Court CR. MISC. No.41996 of 2025(2) dt.01-11-2025 3/3 with the evidence.

9. Learned APP opposes the prayer of bail.

10. In view of aforesaid factual submission and by taking note of fact as save and except suspicions arising out of confession of apprehended co-accused nothing incriminating appears available against petitioner as to connect him with present crime in question, coupled with fact that investigation of this case already completed where petitioner remains in custody since 23.01.2025, accordingly petitioner above named, is directed to be released on bail in connection with Jalley P.S. Case No. 200 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Darbhanga /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T