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Patna High CourtCR. MISC./42305/2023allowed

Piyush Thakur @ Chittu Thakur v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42305 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== PIYUSH THAKUR @ CHITTU THAKUR SON OF NIRANJAN THAKUR RESIDENT OF VILLAGE- BORGAWN, DARIYAPUR, PS- SHAHKUND, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 307, 323, 325/34 of the Indian Penal Code and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.

The allegation against the petitioner along with others is of firing upon the father of the informant, due to which he succumbed to injury. It is further alleged that the accused persons also assaulted the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is

Patna High Court CR. MISC. No.42305 of 2023(2) dt.14-07-2023 2/2 specific allegation against co-accused Bajrangi Thakur @ Akshay Thakur, who shot fired on the chest of informant's father, due to which he died. There is no specific overt act against the petitioner of firing. He further submitted that the petitioner being only a member of mob. He is languishing in judicial custody since 30.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Shahkund P.S. Case No. 41 of 2023.

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