Ramu Thakur @ Sattu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54155 of 2022 Arising Out of PS. Case No.-661 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Ramu Thakur @ Sattu Thakur @ Sittu Thakur, Son of Braj Mohan Thakur, R/O Village- Kishun Nagar, Ward No. 2, P.S.- Kanti, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Petitioner's counsel seeks permission to add alias "Sittu Thakur" in the name of the petitioner. Permission is accorded.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kanti (Panapur O.P.) P.S. Case No.661 of 2021 registered for the offence punishable under Sections 341, 324, 326, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The informant has alleged that firing was orchestrated upon him at the instance of three named co-accused persons, namely, Golu Thakur, Mukesh Sharma and Vinay Rai. Petitioner's counsel submits that the petitioner has been made an accused in this case on the basis of statement of

Patna High Court CR. MISC. No.54155 of 2022(2) dt.10-01-2023 2/3 one co-accused Vishwajeet Kumar Tiwary recorded while he was in custody. The petitioner on the basis of such statement was remanded in this case from his arrest in Kanti P.S. Case No.670 of 2021. Petitioner has not been put on T.I. Parade and there is no cogent material in the investigation other than the statement of co-accused. One of the co-accused Rajesh Kumar @ Raja, who has been implicated also on the statement of Vishwajeet Kumar Tiwary, has been allowed bail in Cr.Misc. No.26670 of 2022. Petitioner is in custody since 12.01.2022. Learned APP for the State has opposed the prayer for bail referring to the petitioner's antecedents and statement of coaccused.

Considering the rival submissions, manner and substance of implication, the period of custody as well as claim based on parity, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Hemant Kumar, learned J.M. 1st Class, Muzaffarpur (West), in connection with Kanti (Panapur O.P.) P.S. Case No.

Patna High Court CR. MISC. No.54155 of 2022(2) dt.10-01-2023 3/3 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T