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Patna High CourtCR. MISC./86329/2023allowed

Dilip Thakur @ Jitan Thakur v. The State Of Bihar

2024-01-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86329 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Dilip Thakur @ Jitan Thakur S/O Bindeshwar Thakur R/O Village- Jaynagar, P.S- Belsand, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Belsand P.S. Case No. 69 of 2023 for the offences registered under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence petitioner along with other accused persons brutally assaulted the son of the informant due to which he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Informant is not the eye witness to the occurrence. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent. He is in custody since 14.05.2023. It is further submitted that similarly situated co-accused persons

Patna High Court CR. MISC. No.86329 of 2023(2) dt.22-01-2024 2/2 have already been granted bail by a Co-ordinate Bench of this Court, vide order dated 02.11.2023 passed in Cr. Misc. No. 52804 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Belsand P.S. Case No. 69 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T