Kundan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61547 of 2022 Arising Out of PS. Case No.-205 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Kundan Thakur S/O Late Pintu Thakur @ Ramesh Thakur resident of villagetiswara, p.s.- Tajpur, O.P.- Halai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Tajpur (Halai O.P.) P.S. Case No. 205 of 2021 registered for the offence under Sections 147, 148, 149, 447, 341, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 08.08.2022.

The allegation against the petitioner is to open fire

Patna High Court CR. MISC. No.61547 of 2022(3) dt.25-02-2023 2/3 upon the son of the informant, along with other co-accused persons, by causing fire arm injury due to previous enmities arises out of land dispute.

Learned counsel appearing on behalf of the petitioner submitted that allegation of firing is very much general and omnibus against the petitioner. It is submitted that from the statement of injured which is available in Para-38 of the case diary, it is not appearing that it was the petitioner who fired upon injured/son of the informant. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as allegation as regard to firing is not specifically available against the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Tajpur (Halai O.P.) P.S. Case No. 205 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.61547 of 2022(3) dt.25-02-2023 3/3 Chief Judicial Magistrate-1st, Samastipur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T