Baldev Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60273 of 2023 Arising Out of PS. Case No.-282 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.
Baldev Thakur S/O Late Rameshwar Thakur R/O Village- Mayurwa, Ps. Triveniganj, Dist. Supaul 2.
Pramod Thakur S/O Late Jaydev Thakur R/O Village- Mayurwa, Ps. Triveniganj, Dist. Supaul 3.
Kavita Devi W/O Late Dinesh Thakur R/O Village- Mayurwa, Ps. Triveniganj, Dist. Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Triveniganj P.S. Case No. 282 of 2021 registered for the offence under Sections 143, 147, 149, 342, 341, 323, 302, 120B, 201, 379 of the Indian Penal Code.
3. As per prosecution case, the informant raised strong suspicion against the petitioners along with others and stated that they are indulged in hatching conspiracy to kill his brother namely, Manish Kumar. Dead body of the brother of the informant was thrown on road in front the house of petitioner no.3 Kavita Devi.
Patna High Court CR. MISC. No.60273 of 2023(2) dt.12-09-2023 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The informant is not eye witness of the alleged occurrence rather he implicated the petitioners in the present case only on the basis of suspicion. Except suspicion, no any consistent material has come on record which connects the petitioners with the alleged offence. It is also submitted vide para 7 of the petition that the similarly situated other co-accused namely, Sanjay Thakur, Bhupendra Thakur and Dilkhus Kumar have already been acquitted by the trial court and in support of this, Annexure-3 has been annexed with the petition. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioners are languishing in judicial custody since 3.4.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Triveniganj P.S. Case No. 282 of 2021 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.60273 of 2023(2) dt.12-09-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Supaul.
(Sunil Kumar Panwar, J) Amandeep/- U T