Deepak Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37349 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- GHOGHARDIHA District- Madhubani ====================================================== DEEPAK THAKUR S/O BARHAMDEO THAKUR @ BRAHAMDEV THAKUR R/O Village- Bagraha, PS. Ghoghardiha, Dist. Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ghoghardiha P.S. Case No. 125 of 2022 dated 22.9.2022 registered for the offence punishable u/s 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, two miscreants riding on motorcycle fired upon the informant which hit his thigh and he fell down.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37349 of 2023(2) dt.07-07-2023 2/2 case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of coaccused Deepak Kumar Yadav. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 22.5.2023 passed in Cr. Misc. No. 23555 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.2.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, District- Madhubani in connection with Ghoghardiha P.S. Case No. 125 of 2022 giving rise to S. T. No. 125 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T