High Court Patna High Court - Orders

Sudhir Thakur vs The State Of Bihar on 14 February, 2011

Patna High Court – Orders
Sudhir Thakur vs The State Of Bihar on 14 February, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.1170 of 2011
                                    SUDHIR THAKUR
                                           Versus
                                 THE STATE OF BIHAR
                                             with
                               Cr.Misc. No.1205 of 2011
                                     DEVANAND RAI
                                           Versus
                                 THE STATE OF BIHAR
                                             with
                               Cr.Misc. No.3636 of 2011
                                    MURARI PASWAN
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

02 14.02.2011 All the above stated three petitions arise out of

Dalsingsarai P.S. Case No.127 of 2010 registered under

Sections 302/34 of the Indian Penal Code and 27 of the Arms

Act and accordingly, all the above stated petitions are being

disposed of by this common order.

Petitioners are named in the First Information

Report but no specific overt act has been attributed against the

petitioner in Cr. Misc. No. 1170 of 2011 and petitioner in Cr.

Misc. No.1205 of 2011 and allegedly, it were co-accused

Mintu Paswan and petitioner in Cr. Misc. No. 3636 of 2011,

who opened fire on the deceased and thereafter all the accused

persons including petitioners except petitioner in Cr. Misc. No.

1170 of 2011 fled away from there.

On repeated calls, none appeared on behalf of

petitioners in Cr. Misc. No. 1170 of 2011 and Cr. Misc. No.

3636 of 2011 whereas learned counsel for petitioner in Cr.

Misc. No. 1205 of 2011 appeared and submitted that no

specific overt act has been attributed against the aforesaid
petitioner.

In view of the aforesaid submissions as well as

facts and circumstances of the case petitioners in Cr. Misc. No.

1170 of 2011 and Cr. Misc. No. 1205 of 2011 are directed to

be released on bail on furnishing bail bonds of Rs. 10,000/-

(Ten Thousand) with two sureties of the like amount each to

the satisfaction of Additional Chief Judicial Magistrate,

Dalsingsarai in connection with above stated Dalsingsarai P.S.

Case No. 127 of 2010.

So far as prayer for bail of petitioner in Cr. Misc.

No. 3636 of 2011 is concerned, the same stands rejected as

there is specific allegation of committing murder of the

deceased against him.

Shahzad                        (Hemant Kumar Srivastava, J )