Saket Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56858 of 2022 Arising Out of PS. Case No.-1672 Year-2007 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Saket Thakur S/O Amarkant Thakur Resident Of Village- Tiswara Pachhiyari Tola, P.S.- Tajpur (Halai O.P.), District- Samastipur ... Petitioner

Versus

1.

The State Of Bihar 2.

Sanjay Thakur S/O Matuki Thakur Resident Of Village- Tilwara Pachhiyari Tola, P.O.- Hari Lochanpur (Tilwara) P.S.- Tajpur (Halai O.P.), DistrictSamastipur. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

Prosecution case is that the petitioner and other accused persons brutally assaulted informant's nephew with rod, bamboo and bricks causing his death.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute and in fact victim died due to injuries sustained by him due to falling from toddy tree. Similarly situated co-accused Raj Kumar Thakur has already been allowed bail by a co-ordinate bench of this Court vide order

Patna High Court CR. MISC. No.56858 of 2022(4) dt.13-03-2023 2/2 dated 23.2.2023, passed in Cr.Misc.No. 58242 of 2022. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur/the Court in seisin of Complaint Case No. 1672 of 2007, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T