Sanjay Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1005 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SANJAY KUMAR THAKUR S/o- Late Dukhi Thakur Resident of village - Mithanpura, Police Station - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the parties.
The petitioner seeks bail in a case registered for the offence under Section 302 / 34 of the Indian Penal Code. As per the F.I.R., on 20.12.2020 at 4:00 PM, this petitioner and other F.I.R. named co-accused forcibly took husband of the informant with them and on the next day, husband of the informant was found dead.
It is submitted on behalf of petitioner that F.I.R. has been lodged after a gap of 42 days of the alleged occurrence with due deliberation and consideration. There is no eye-witness to the occurrence and only on suspicion, petitioner has been made accused. During course of investigation, only material has come against this petitioner is that he has been found to have made conversation with the co-accused persons during that period and his tower location was found with the tower location
Patna High Court CR. MISC. No.1005 of 2022(3) dt.25-04-2022 2/2 of deceased. It is further submitted that no ante-mortem injury has been found on the person of deceased. Petitioner claims clean antecedent and he is in custody since 06.09.2021. Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur in connection with Bochahan P.S. Case No. 22 of 2021. (Prabhat Kumar Singh, J) anay/- U T