Ritesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48078 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== RITESH KUMAR THAKUR Son of Umesh Thakur Resident of VillageDwarikapur, P.S.- Sakara, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sakara P.S. Case No. 19 of 2019 registered for the offences punishable under Sections 341, 323, 307, 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR allegation is of firing by some unknown persons and causing death of brother-in-law of informant and informant sustained injuries.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and even according to that, there is no allegation of firing against the petitioner on the deceased, rather on the injured and injury report with respect to injured is not available on the record.

Patna High Court CR. MISC. No.48078 of 2019(4) dt.22-10-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner stating that confessional statement of two co-accused has been recorded and both of them have named this petitioner along with others and there is allegation of firing against petitioner on the informant and not on the deceased. Further submission is that investigation is still going on.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on the basis of materials available on the record, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T