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Patna High Court

Buggi Thakur @ Pawan Thakur @ Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail to the petitioner.

Summary

Buggi Thakur, accused under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act, applied for regular bail before the Patna High Court. This was his third bail application; the first was rejected and the second was withdrawn. He has been in custody since 31 July 2023 and the charge has already been framed. The State opposed bail, highlighting a direct allegation of firing and the petitioner’s seven pending criminal cases, four of which are also for murder. Considering the seriousness of the allegations and the petitioner’s criminal antecedents, the Court declined to grant bail and rejected the application.

Issues considered

  • Whether regular bail should be granted to an accused charged with murder, conspiracy and illegal possession of arms, given the direct allegation of firing and multiple pending criminal cases.

Legislation cited

Subjects

  • bail
  • regular bail
  • IPC
  • murder
  • conspiracy
  • arms act
  • criminal antecedents
  • high court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13226 of 2026
                 Arising Out of PS. Case No.-521 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Buggi Thakur @ Pawan Thakur @ Pawan Kumar S/O Late Bhothal Thakur
                 @ Late Choudhary Thakur R/O Village- Baghi, Ward No. 24, P.S- Nagar
                 (Lohiya Nagar O.P.), Distt.- Begusarai (Bihar).

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Chouhan, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   03-04-2026                    Heard learned counsel for the petitioner and Learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial No. 413 of 2024, arising out of Begusarai Town

                   P.S. Case No. 521 of 2021, dated 25.08.2021, registered under

                   Sections 302, 120B and 34 of the Indian Penal Code and Section

                   27 of the Arms Act, pending before the Court of the District &

                   Additional Sessions Judge-III, Begusarai.

                                3. Learned counsel for the petitioner submits that this

                   is the third bail application of the petitioner. The first bail

                   application of the petitioner was rejected vide order dated

                   05.03.2024, passed in Cr. Misc. No. 81475 of 2023, and the

                   second bail application of the petitioner was dismissed as
          Patna High Court CR. MISC. No.13226 of 2026(3) dt.03-04-2026
                                                      2/2




                    withdrawn vide order dated 10.01.2025, passed in Cr. Misc. No.

                    85008 of 2024. Counsel further submits that the petitioner has

                    been in custody since 31.07.2023 and the charge has already

                    been framed. Counsel further submits that, considering the long

                    period of custody, the petitioner may be released on bail.

                                 4. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that there is a direct allegation

                    against the petitioner of firing. Counsel further submits that the

                    criminal antecedents of the petitioner are not clean, as there are

                    seven criminal cases pending against him, out of which four

                    cases are under Section 302 of the Indian Penal Code.

                                 5. In the present facts and circumstances, and

                    particularly in view of the direct allegation of firing, this Court

                    is not inclined to grant bail to the petitioner. Accordingly, the

                    prayer for regular bail is hereby rejected.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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