Subhash Chandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52850 of 2023 Arising Out of PS. Case No.-111 Year-2020 Thana- KASBA District- Purnia ====================================================== Subhash Chandra Thakur Son Of Karam Chandra Thakur Resident Of Village- Sabdalpur, Ps- Kasba, Distt- Purnia ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 326, 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the informant alleged that the petitioner along with co-accused persons came at his house and looking for grandson of the informant. When the informant said that Sonu is not available at house thereafter, the accused persons opened fire which hit daughter-in-law of the informant who sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.52850 of 2023(3) dt.09-10-2023 2/2 no specific overt-act of firing attributed against the petitioner. The FIR has also been instituted after delay of two days as the date of occurrence is 19.8.2020 but FIR was lodged on 21.8.2020. The petitioner has got no criminal antecedent is languishing in judicial custody since 13.3.2023. Moreover, other FIR named accused Md. Siddik has already been granted bail by a co-ordinate Bench of this Court vide order dt. 31.3.2022 passed in Cr. Misc. No. 10075 of 2021.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasba P.S. Case No. 111 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U T