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Patna High CourtCR. MISC./37234/2023allowed

Anand Thakur v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37234 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Anand Thakur Son Of Ishwar Chand Thakur Resident Of Rajola, Ward No.5, P.S. Sonamani Godam, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner, informant 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, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.37234 of 2023(4) dt.12-09-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties. There is no eye witness to the occurrence. During investigation also, no consistent material evidence has been collected against the petitioner. The petitioner is languishing in custody since 17.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be 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 Chief Judicial Magistrate, 1st, Araria in connection with

Patna High Court CR. MISC. No.37234 of 2023(4) dt.12-09-2023 3/3 Kursakanta (Sonamani Godam) P.S. Case No. 28 of 2023.

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