Devendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51206 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== DEVENDRA THAKUR S/o Late Sahdev Thakur R/o village- Khairwa, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 324, 379, 307 and 504 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner asked the informant to come with him on motorcycle on the pretext of buying ornaments. The informant kept the ornaments in the dicky of the motorcycle of the petitioner and proceeded towards the petitioner's house with the petitioner. During the journey, the

Patna High Court CR. MISC. No.51206 of 2022(2) dt.21-12-2022 2/3 petitioner stopped the motorcycle to attend nature's call. Then two unknown miscreants came and started opening the dicky. When the informant called the petitioner for help, the petitioner came and stabbed the informant multiple times and the two unknown miscreants assaulted the informant with nepali khareya. The petitioner along with the co-accused persons, looted Rs. 50,000/- from the informant and ornaments from the dicky and assuming the informant to be dead, fled away. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained grievous injury.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, 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

Patna High Court CR. MISC. No.51206 of 2022(2) dt.21-12-2022 3/3 concerned, East Champaran in connection with Kundwachainpur P.S. Case No. 04 of 2021.

The application stands allowed.

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