Patna High CourtCR. MISC./57117/2023allowed

Basuki Thakur @ Baskhi Thakur v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57117 of 2023 Arising Out of PS. Case No.-348 Year-2019 Thana- MANIHARI District- Katihar ====================================================== BASUKI THAKUR @ BASKHI THAKUR son of Sudama Thakur VillageMohna Chandpur Ps- Barai Semapur Dist- katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeeb Kumar Sanju For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 395 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with 20 others armed with rifle, pistols and sickle reached at the Bathan of the informant. It is further alleged that the petitioner along with others men robbed his cattle, which valued of Rs. 2, 50, 000/-.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the robbed cattle were found near the Dam, not from the conscious possession or near

Patna High Court CR. MISC. No.57117 of 2023(2) dt.08-09-2023 2/2 the house of the petitioner. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. He is languishing in judicial custody since 06.01.2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Manihari P.S. Case No. 348 of 2019.

(Sunil Kumar Panwar, J) arish/- U