Brij Kishor Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35942 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Brij Kishor Thakur Son Of Late Chandrika Thakur R/O Village- Sirkahia, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 124 of 2022 lodged under Sections 302, 201, 120(B), 34 of the I.P.C. read with Section 27 of the Arms Act.
The allegation as per the prosecution, 6 named accused persons have alleged to kill the husband of the informant. This is the apprehension caused in the F.I.R. The petitioner is named in the F.I.R.
Learned counsel for the petitioner submits that petitioner is innocent and only name of suspicion has come. He
Patna High Court CR. MISC. No.35942 of 2022(2) dt.19-09-2022 2/2 further submits that petitioner is in custody since 24.02.2022 having clean antecedent, charge sheet has already been filed in this case.
Learned counsel for the State opposes the prayer for bail.
Learned counsel for the informant opposes the prayer for bail and submits that the recovery of the dead body of the husband of the informant has been made on the confessional statement of the petitioner.
Upon considering the facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to petitioner at present. He may renew his prayer for bail after 3 months of framing of charge in this case. The trial court shall release him on bail thereafter on his own condition so that he must not evade his appearance during his trial. With this observation, the bail application stands rejected.
(Dr. Anshuman, J) prakashmani/- U T