Patna High CourtCR. MISC./65020/2023bail rejected

Basuki Thakur v. The State Of Bihar

2023-12-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65020 of 2023 Arising Out of PS. Case No.-98 Year-2019 Thana- BARARI District- Katihar ====================================================== Basuki Thakur, Son of Late Sudama Thakur, R/o vill - Mohnadih, P.S. - Barari (Semapur), Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Barari (Semapur) P.S. Case no. 98 of 2019, registered under sections 302, 120B and 34 of Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that the eight named accused persons came variously armed, surrounded the informant and others and on the orders of Sudama Thakur it is stated that the petitioner-Basuki Thakur, Sanjay Thakur and Suman Thakur resorted to firing as a result of which the informant's brother sustained gunshot injury and died.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No.65020 of 2023(3) dt.06-12-2023 2/2 village politics. The allegations are general and omnibus in nature. The petitioner is in custody since 23.1.2023 and chargesheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR leading to death of the informant's brother, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) avinash/- U T