Manoj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55772 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Manoj Thakur Son Of Mr. Jaichandra Thakur Resident Of Village- Ojhaul, P.S. Bahadurpur, District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh- Advocate Mr. Malay Kumar Choudhary- Advocate Mr. Shivam- Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bahadurpur P. S. Case No.31 of 2021, instituted for the offences under Sections 436, 307, 148, 149, 452, 323, 341 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 19.06.2021, charge-sheet has been submitted in this case and has antecedent of three cases. The learned counsel for the petitioner further submits that informant alleges that on 12.01.2021, thirteen named accused persons including the petitioner fired at the house of the informant and thereafter started pelting stones leading to injury

Patna High Court CR. MISC. No.55772 of 2021(3) dt.02-03-2022 2/3 to the informant and her daughter-in-law. Further the named accused persons on 13.01.2021, in the morning, set the house of the informant on fire causing damaged to three motorcycle, Sofa set, CCTV, television and other articles. Further locked the informant and her family members in a room and tried to set them ablaze by putting the house on fire, but somehow they were saved on arrival of the villagers.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is submitted that son of the informant namely, Anil Singh is a hardened criminal and having criminal antecedent and further, during the course of investigation, no independent witnesses have supported the alleged allegation levelled against the accused/petitioner and now, the case has been compromised. The informant and the injured have filed a compromise petition in the learned Court below on 24.08.2021.

The learned counsel further submits that the compromise petition is Annexure-6 to the supplementary affidavit filed on 07.01.2022. The learned counsel submits that co-accused Kanhai Paswan @ Kanhaiya Paswan has been granted bail by order dated 22.10.2021 in Cr. Misc. No.40383 of 2021.

Patna High Court CR. MISC. No.55772 of 2021(3) dt.02-03-2022 3/3 Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and co-accused has been granted bail and the matter has been compromised as aforesaid, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga in connection with Bahadurpur P. S. Case No.31 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T