← Library
Patna High CourtCR. MISC./54201/2023allowed

Ashok Thakur @ Ashok Thakur Samraat v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54201 of 2023 Arising Out of PS. Case No.-209 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Ashok Thakur @ Ashok Thakur Samraat Son Of Late Lakhan Thakur Resident Of Village - Puraini Basa, P.S. - Alamnagar, Distt. - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per allegation in the FIR, son of the informant was called by accused persons in order to give him money for purchase of the land and they killed the son of informant on that pretext.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.54201 of 2023(3) dt.08-11-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. There is no eye witness of the alleged offence. It is further submitted that the alleged offence has taken place due to land dispute and the petitioner has no concern with the said land. Moreover, the petitioner is languishing in judicial custody since 22.12.2022. Similarly situated several co-accused persons have been granted bail by different co-ordinate Benches of this Court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Alamnagar (Ratwara O.P.) P.S.

Patna High Court CR. MISC. No.54201 of 2023(3) dt.08-11-2023 3/3 Case No. 209 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura.

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