Shashi Thakur @ Munna Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88575 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Shashi Thakur @ Munna Thakur S/o- Kulanand Thakur Resident of villageat and P.O.- Badauaa, ward no 01, P.S.- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sita Ram Prasad, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-01-2025 Heard Mr.Sita Ram Prasad, learned counsel for the petitioner and Mr.Lalan Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Raniganj P.S. Case No.124 of 2024, dated 31.03.2024 registered for the offences punishable under Sections 302,304(B) and 120(B) of IPC.
3. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the sister of the informant.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.88575 of 2024(2) dt.17-01-2025 2/3 committed any offence as alleged in the FIR and from a bare perusal of the FIR it appears that there is direct and specific allegation against co-accused person, namely, Ankit Kumar, who happens to be the brother of the petitioner and from a bare perusal of the FIR it appears that there is no specific allegation against the petitioner and similarly situated co-accused persons, namely, Kulanand Thakur and others have been granted privilege of anticipatory bail by this Court vide order dated 18.07.2024 passed in Cr. Misc. No.53767 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation against the petitioner in the FIR and similarly situated co-accused person, namely, Kulanand Thakur and others have been granted privilege of anticipatory bail by this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No.124 of 2024, subject to
Patna High Court CR. MISC. No.88575 of 2024(2) dt.17-01-2025 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS,2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T