Satyendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26926 of 2018 Arising Out of PS.Case No. -637 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Satyendra Thakur, S/o Mahesh Thakur, Resident of Village- Bel, P.S.- Bairgania, District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sitamarhi PS case no. 637 of 2017 instituted for the offence punishable under Sections 302, 120(B)/34 of Indian Penal Code and section 27 of Arms Act.

The allegation is regarding unknown accused persons having killed the wife of the informant by firing gun shot. Co-accused namely Abhishekh Kumar @ Ayush whose identity has been revealed by the CCTV footage is said to have disclosed the name of the petitioner as his accomplice. The learned counsel for the petitioner submits that the petitioner was taken into judicial custody in another case on

Patna High Court Cr.Misc. No.26926 of 2018 (3) dt.09-07-2018 2/2 19.02.2016 and thereafter, was remanded in the present case on 10.10.2017, as such on the date of alleged occurrence i.e. on 14.08.2017, the petitioner was under judicial custody. It is further submitted that the petitioner is an accused in two other cases but he is on bail in both the said cases. It is lastly submitted that at best, the allegation of conspiracy can be said to be made out as against the petitioner herein but no offence under Section 302 of Indian Penal Code or Section 27 of Arms Act is made out, as far as the petitioner is concerned. The petitioner is said to be languishing in custody since 10.10.2017.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sitamarhi in connection with Sitamarhi PS case no. 637 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T