Nawal Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41910 of 2014 Arising Out of P.S. Case No. -115 Year- 2014 Thana -PARIHAR District- SITAMARHI ====================================================== Nawal Kishore Thakur, Son of Late Ram Chalitar Thakur, R/o Village Sukki Mushaharniya, P.S. Parihar, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioner seeks regular bail in Parihar P.S. Case No. 115 of 2014 registered under Sections 302/34 of the Indian Penal Code.

The informant alleged that while his father was sleeping on the verandah, he saw three persons, namely, Nawal Kishore Thakur, Anand Pandit @ Nandu and one unknown person coming. Nawal Kishore Thakur caught his father and put clothes in his mouth and Anand Pandit assaulted his father with a big knife.

Learned counsel for the petitioner submits that there is no eye witness of the occurrence. The Investigating Officer has stated in paragraph 2 of the case diary that he got information that some unknown persons killed a man. It is further submitted that

Patna High Court Cr.Misc. No.41910 of 2014 (3) dt.05-02-2015 2/2 except the informant, there is no eye witness of the occurrence. The only allegation against the petitioner is that he caught the deceased father of the informant and, for that, he is in jail since 26.07.2014.

On perusal of the records, it appears that the only allegation against the petitioner is that he caught hold of the father of the deceased and Anand Pandit is alleged to have assaulted the deceased with a big knife.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Parihar P.S. Case No. 115 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T