Saraswati Chandra Thakur @ Sarsvati Chandra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45454 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- KANTI District- Muzaffarpur ====================================================== Saraswati Chandra Thakur @ Sarsvati Chandra Thakur Son of Shailendra Thakur @ Shailendra Kumar Thakur Resident of village - Repura, P.S.- Karja, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kanti P.S. Case No. 55 of 2025 instituted for the offence under Sections 126(2), 118(1), 109, 61(2) & 3(5) of the Bns,, and Section 27 of the Arms Act.
3.
The prosecution case, in short, is that on 12-022025, the informant was shot in the knee near Repura High School by four accused including the petitioner, after being chased on motorcycles. Earlier, on 10-02-2025, liquor was recovered from one Sujit Kumar Chaudhary, following which the accused had threatened the informant. Police recovered four empty cartridges from the spot and prepared a seizure list.
Patna High Court CR. MISC. No.45454 of 2025(2) dt.22-07-2025 2/3 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-04-2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that there is no allegation of firing against the petitioner, nor any recovery was made from him. The incident occurred at night without any stated source of identification. The entire case rests on suspicion due to the petitioner's friendship with co-accused Sujit. The petitioner, being a co-villager, has been falsely implicated owing to existing enmity between Sujit and the informant. Police after completion of investigation has submitted charge sheet in this case.
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, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.
Let the petitioner be released on bail on
Patna High Court CR. MISC. No.45454 of 2025(2) dt.22-07-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 55 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T