Patna High CourtCR. MISC./40987/2025bail granted

Abhay Thakur v. The State Of Bihar

2025-09-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40987 of 2025 Arising Out of PS. Case No.-533 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Abhay Thakur S/O Nagina Thakur @ Chokat Thakur R/O Golaghat, P.s.- Yogapatti, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Yogapatti P.S. Case No. 533 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Earlier, vide order dated 17.01.2025 passed in Cr. Misc. No. 75840 of 2024 by a coordinate Bench of this Court, the prayer of the accused persons including the petitioner for grant of anticipatory bail was rejected.

4. As per the prosecution case, the accused persons assaulted and killed the husband of the informant.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.40987 of 2025(4) dt.11-09-2025 2/2 Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of giving knife blow to the deceased is against coaccused Rupesh Thakur. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.01.2025 and has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, there being no direct allegation of assaulting the deceased as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yogapatti P.S. Case No. 533 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T