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2026 DAILYLAW 14609 (PAT)

Ram Naresh Thakur v. The State of Bihar

CR. MISC./29284/2026 · 2026-05-07

Sandeep Kumar

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29284 of 2026 Arising Out of PS. Case No.-884 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== 1. Ram Naresh Thakur S/o Late Rajendra Thakur R/o vill - Panapur, Akhtiyarpur, P.S.- Karja, Distt.- Muzaffarpur 2. Ram Balak Bhagat S/o Late Harihar Bhagat R/o vill - Panapur, Akhtiyarpur, P.S.- Karja, Distt.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nachiketa Jha For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 07-05-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 884 of 2022 registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code. 3. As per the prosecution case, the nephew (Bhagina) and his wife had killed the sister and the brother-in-law of the informant. The name of the present petitioners was taken by co- villagers. 4. Learned counsel for the petitioner submits that no specific allegation has been attributed to the present petitioners Patna High Court CR. MISC. No.29284 of 2026(2) dt.07-05-2026 2/3 who has been roped in merely based on suspicion and village politics. He further submits that the main allegation is dircted against co-accused namely, Saroj Kumar and his wife Roma Kumari who have been granted bail by this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 25454 of 2023. 5. The petitioners are in custody since 30.1.2026 having clean antecedents. 6. This Court vide order dated 04.08.2023 passed in Cr. Misc. No. 25454 of 2023 has enlarged the co-accused namely, Saroj Kumar and his wife Roma Kumari on bail and the relavant portion of the aforesaid order reads as under: “5. Learned counsel for the petitioners submits that the petitioners have committed no offence and as per Annexure II, the daughter of the petitioners was gang- raped and killed by some criminals and when they started protesting in the matter then the petitioners have been falsely implicated in the present case. 6. Learned counsel for the petitioners also submits that the petitioners are in custody since 01.12.2022. 7. Learned A.P.P. has vehemently opposed the prayer for bail. 8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. 9. Let the petitioners, above named, 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 the learned ACJM, IV, West, Muzaffarpur in connection with Patna High Court CR. MISC. No.29284 of 2026(2) dt.07-05-2026 3/3 Saraiya (Jaitpur O.P.) P.S. Case No. 884 of 2022.” 7. Considering the fact that no specific allegation has been levelled against the present petitioners who have clean antecedents and for the reasons recorded by this Court while enlarging the co-accused Saroj Kumar and his wife Roma Kumari on bail vide order dated 04.08.2023 passed in Cr. Misc. No. 25454 of 2023, this application is allowed. 8. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. (West), Muzaffarpur/ concerned Court below in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 884 of 2022. 9. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case. P. Kumar (Sandeep Kumar, J) U T