Ghanshyam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56327 of 2023 Arising Out of PS. Case No.-358 Year-2013 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ghanshyam Thakur S/O Ram Naresh Thakur R/O- Village- Manibhakurahar, P.S.- Sarai, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code. According to the prosecution case, on 21.10.2013, one custody accused namely Rambalak Ram was found dead in his ward No. 3/4. The postmortem was held on the dead body and the doctor found that Rambalak Singh died due to asphyxia and

Patna High Court CR. MISC. No.56327 of 2023(3) dt.29-11-2023 2/3 throttling. Thereafter, all the inmates of ward No. 3/4 were made accused in this case.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. There is no eye witness to the alleged occurrence. On mere suspicion, all the inmates of ward No. 3/4 were made accused. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 30.11.2021 passed in Cr. Misc. no. 34007 of 2021. The petitioner is languishing in custody since 13.04.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.56327 of 2023(3) dt.29-11-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 358 of 2013.

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