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Patna High CourtCR. MISC./39541/2025bail rejected

Deepak Kumar Thakur v. The State Of Bihar

2025-09-03Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39541 of 2025 Arising Out of PS. Case No.-229 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Deepak Kumar Thakur, S/O Ashok Kumar Thakur, R/O Village- Bakhari, PSAhiyapur, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the State :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2025

1. Heard Mr. Rudal Singh, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned APP for the State.

2. Petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 229 of 2024, dated 19.02.2024, registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. As per the prosecution story, on 19.02.2024, Rajesh Pandey (informant) received information about an unidentified body found in Salempur village near S.K.M.C.H., he and his family identified the deceased (Vishal Kumar) as his son, based on his clothes and physical features at S.K.M.C.H. Informant believes that deceased was murdered by unknown persons as part of a planned conspiracy with his throat slit. He also noted that on 18.02.2024 at around 7:06 P.M., deceased

Patna High Court CR. MISC. No.39541 of 2025(3) dt.03-09-2025 2/3 received a call from mobile number 9060486193 which may have been used to lure him.

4. The main submission advanced by learned counsel for the petitioner is that there is no direct evidence against this petitioner and he has been made accused mainly on the basis of information given by a spy in connection with the alleged murder of the deceased.

5. On the other hand, learned counsel appearing for the State has opposed the bail prayer of the petitioner and submitted that as per the paragraph no. 51 of the case diary, the petitioner, who is allegedly involved in the illicit liquor business, had enmity with the deceased on account of the deceased leaking information about the petitioner's activities to the police party, owing to this, the deceased was killed and his body was disposed of and further, there is confessional statement by co-accused Arun Kumar implicating the petitioner in the commission of the alleged offence. It is further submitted that the case is still under investigation.

6. Considering the seriousness of the occurrence which relates to murder and the alleged role of this petitioner as pointed out by the learned APP and also taking note of the petitioner's two previous criminal antecedents and coupled with

Patna High Court CR. MISC. No.39541 of 2025(3) dt.03-09-2025 3/3 the fact that the case is still under investigation, this court is not inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, his prayer stands rejected.

7. The petitioner is directed to surrender before the trial court, if he surrenders within three weeks from today then the learned trial court will decide his prayer for regular bail on its own merits without being prejudiced by this order. (Shailendra Singh, J) Rajiv/- U T