Raju Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69456 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- NAGARNAUSA District- Nalanda ====================================================== Raju Thakur S/O Basant Thakur R/O Village- Fazilapur @ Fajilapur, P.SNagarnausa, District- Nalanda, Bihar, Pin Code- 801305 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalan Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is alleged against the petitioner and other F.I.R named accused persons that they have killed the son of the informant and thrown his dead body in a old brick-klin with an intention to disappear the dead body. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to

Patna High Court CR. MISC. No.69456 of 2022(4) dt.10-05-2023 2/3 the occurrence. For the alleged occurrence of 19.05.2022, the F.I.R was registered on 24.05.2022 without explaining the delay. There is no consistent material evidence against the petitioner and only on the basis of confessional statement of co-accused, the petitioner has been roped in the present case. The petitioner is languishing in custody since 25.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that during investigation it came to light that sister of the petitioner had earlier eloped with the deceased and it was on account of that the petitioner along with other hatched conspiracy and killed the son of the informant.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.69456 of 2022(4) dt.10-05-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Hilsa in connection with Nagarnausa P.S. Case No. 74 of 2022 (Sessions Trial No. 533 of 2022). (Sunil Kumar Panwar, J) Shageer/- U T