Jitendra Thakur @ Tullu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55236 of 2016 Arising Out of PS.Case No. -343 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Jitendra Thakur @ Tullu Thakur S/o Vijay Thakur Resident of VillageSahpur, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Chandra For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Begusarai Muffasil (Lakho) P.S. Case No. 343 of 2016 registered under Sections- 307/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is said to have called the injured and after that, co-accused Neelu Thakur opened fire on the injured and thereafter, the petitioner and others facilitated the co-accused Neelu Thakur in fleeing him from the place of occurrence. Submission on behalf of petitioner is that the petitioner has falsely been implicated in this case and even if,

Patna High Court Cr.Misc. No.55236 of 2016 (2) dt.12-01-2017 2/2 prosecution story assumed to be true, then also, it was co-accused Neelu Thakur, who opened fire on the injured. The petitioner does not have any criminal antecedent, which is evident from perusal of paragraph-3 of the case diary. It is informed that co-accused Neelu Thakur has already been remanded to judicial custody.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Begusarai Muffasil (Lakho) P.S. Case No. 343 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T