Pradeep Thakur @ Praveen Thakur @ Praveen Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52883 of 2018 Arising Out of PS. Case No.-134 Year-2015 Thana- LAUKAHI District- Madhubani ====================================================== Pradeep Thakur @ Praveen Thakur @ Praveen Sharma Son of Kisundev Thakur resident of Village- Bishanpur Police Station Phulparas District Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in short, is that the F.I.R. named accused persons along with two unknwon caused murder of the brother o the informant, namely, Kuldev Yadav by cutting nerves.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has falsely been implicated in the present case. The name of the petitioner has

Patna High Court Cr.Misc. No.52883 of 2018(2) dt.17-09-2018 2/2 come afterthought made by the informant. He did not name the petitioner in the F.I.R. As per restatement of the informant, it is a case of last seen. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, Jhanjharpur, District Madhubani in connection with Laukahi P.S. case No.134 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T