Gajendra Thakur And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28208 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Gajendra Thakur, S/o Late Jivlal Thakur,
2. Sadanand Thakur, Son of Late Jivlal Thakur,
3. Dinesh Thakur, Son of Late Jivlal Thakur,
4. Laso Thakur, Son of Late Jivlal Yadav,
5. Raj Kumar Thakur, Son of Vidhyanand Thakur,
6. Gulai Thakur @ Gulai Thaku Son of Pandit Tahkur,
7. Anil Kumar Thakur, Son of Virendra Thakur, All are Resident of Village- Lalpur, Nandi Tola, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 302 and 201/34 of the Indian Penal Code.
The prosecution case, in brief, is that in the evening of 12.6.2016 the father of the informant after taking meal went at his door for sleeping. In the next morning he was not found at the door, then the informant started search of his father, but no whereabouts was found about him. In course of search a dead body of father of the informant was found in the field of Kumbh
Patna High Court Cr.Misc. No.28208 of 2017 (2) dt.06-07-2017 2/3 Nr. Sardar situated behind the house of informant. The informant raised suspicion against the accused persons including the petitioners having hand in the murder of his father. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The alleged date of occurrence is said to be 12.6.2016, whereas the F.I.R. has been instituted on 17.6.2016. Delay has not been explained by the prosecution. Petitioners have been made accused in the present case merely on the basis of suspicion. There is no direct or indirect evidence to suggest their implication in the present case. The other co-accused have been granted anticipatory bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. C.J.M. II, Supaul in connection with Chhatapur P.S. case No.171 of 2016, subject to
Patna High Court Cr.Misc. No.28208 of 2017 (2) dt.06-07-2017 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T