Sonu Thakur @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9181 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== SONU THAKUR @ SONU KUMAR SON OF VIRENDRA THAKUR R/O VILLAGE- PACHTAKI RAM, WARD NO.-03, P.S.- BAIRGANIA, DISTRICT- SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Pushpendra Kumar Singh Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case, as alleged by the informant is that his father has been murdered and dead body was lying near house of Jai Narayan Thakur. It is alleged that last time, his father was seen talking to the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.9181 of 2021(4) dt.07-03-2022 2/3 has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Only on the basis of suspicion and last seen theory, the petitioner has been implicated in this case. In para-16 of the confessional statement of the co-accused Rahul Thakur, he himself has confessed that he has killed the deceased and accordingly, the murder weapon i.e. iron rod has been recovered from his house. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent, as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the opposite party no.2 have opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.9181 of 2021(4) dt.07-03-2022 3/3 below where the case is pending/Successor Court in connection with Bairgania P.S. Case No.124 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T