Basuki Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80041 of 2024 Arising Out of PS. Case No.-98 Year-2019 Thana- BARARI District- Katihar ====================================================== Basuki Thakur, aged about 46 years, Male, S/o-Late Sudama Thakur, resident of village-Mohna Chandpur@Mohnadih, Police Station-Barari (Semapur), District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2025 Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Barari Case no.98 of 2019 registered under sections 302, 120B and 34 of the Arms Act.

3. As per the prosecution case, eight named accused persons are said to have come variously armed and having surrounded the informant and others. It is further stated that on the orders of one Sudama Thakur the petitioner and two others resorted to firing as a result of which the informant's brother sustained gun shot injury and died.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 6.12.2023 (Annexure-1) passed in Cr. Misc. no. 65020 of 2023. Inspite of the petitioner being in custody since

Patna High Court CR. MISC. No.80041 of 2024(4) dt.24-01-2025 2/2 23.1.2023 and cooperating in the trial, there is no progress whatsoever in the case. The petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. As per report received contained in letter dated 15.1.2025, the case is pending for evidence and there are 13 chargesheet prosecution witnesses. The report states that the trial is expected to conclude within one year.

7. Having heard learned counsel for the parties and taking into consideration the allegations of firing against the petitioner and others leading to the death of the informant's brother together with the petitioner having 15 criminal antecedents against him and the trial being at the stage of evidence in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U T