Bajrangi Thakur @ Akshay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42730 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Bajrangi Thakur @ Akshay Thakur Son Of Late Naresh Thakur Resident Of Village- Borgow, Dariyapur, Ps- Sajour (SAHKUND), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP For the Informant : Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 07.02.2023 in connection with Shahkund (Sajour) P.S Case No. 41 of 2023 , F.I.R. dated 29.01.2023 for the offences punishable under Sections 302, 307, 323, 325/34 of the Indian Penal Code.

4. According to prosecution case, this petitioner along with other accused persons armed with desi katta came and this petitioner fired upon the father of the informant and then fled away.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42730 of 2023(3) dt.17-08-2023 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that nothing has been recovered from the conscious possession of the petitioner.

6. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner that he has fired upon the informant's father and the allegation as alleged in the F.I.R is also supported by the postmortem report.

7. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Shahkund (Sajour) P.S Case No. 41 of 2023 pending in the court of learned Chief Judicial Magistrate, Bhagalpur. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T