Tuntun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48292 of 2021 Arising Out of PS. Case No.-159 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Tuntun Thakur S/O Singho Thakur R/O Village- Khatuha, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Samir Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Jagdishpur P. S. Case No.159 of 2018, instituted for the offences under Sections 147, 148, 149, 341, 324 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 12.03.2019, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of indiscriminate firing by eight accused persons including the petitioner killing the deceased (son of the informant), who received gunshot

Patna High Court CR. MISC. No.48292 of 2021(2) dt.25-01-2022 2/3 injury on his hands and legs.

The learned counsel for the petitioner submits that allegation is of indiscriminate firing by eight persons while the injuries received by the deceased was on the non-vital part of the body i.e. hands and legs. It is further submitted that though informant is an eye witness to the occurrence, but he has not alleged specifically with regard to the role of this petitioner in the crime. The learned counsel further submits that co-accused Satendera Yadav @ Satendra Yadav has been granted bail by order dated 02.11.2020 in Cr. Misc. No.8576 of 2020.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 12.03.2019, he is a person with clean antecedent, charge-sheet has been submitted in the case and co-accused has been granted bail as aforesaid, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-X (I/c), Bhagalpur in

Patna High Court CR. MISC. No.48292 of 2021(2) dt.25-01-2022 3/3 connection with Jagdishpur P. S. Case No.159 of 2018, subject to condition that one of the bailers shall be the father of the petitioner namely, Singho Thakur. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T