Mithun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48920 of 2023 Arising Out of PS. Case No.-372 Year-2018 Thana- BARARI District- Katihar ====================================================== MITHUN THAKUR Son of Vijay Thakur Resident of Village-Ghusaki, P.S.- Barari, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barari P.S. Case No. 372 of 2018 dated 18.09.2018 registered for the offences punishable u/ss 302, 201, 120B read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the informant received an information on a mobile and she went to the place of occurrence and found the dead body of her husband was lying down. The informant claimed that the petitioner and the coaccused persons along with some unknown persons killed her

Patna High Court CR. MISC. No.48920 of 2023(2) dt.04-08-2023 2/2 husband under a conspiracy and threw the dead body in a pond to disappear the dead body.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on suspicion. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The final form has been submitted and the learned court below took cognizance against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Barari P.S. Case No. 372 of 2018.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T