Krishna Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39627 of 2017 Arising Out of PS.Case No. -193 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Krishna Thakur Son of Late Chhathu Thakur, R/o Village- Mirpur, P.S.- Chiraiya, District- East Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the parties.
The petitioner is in custody in Chiraiya P.S. Case No.193 of 2014 for the offence under Sections 364, 368, 302 and 120(B) of the I.P.C.
As per prosecution case accused persons including the petitioner had threatened the deceased to kill. Thereafter all the accused persons including the petitioner developed intimacy with the deceased and hatching conspiracy co-accused Kanhaiya Thakur and Ranjit Thakur took the deceased to Bangalore on the pretext of running business of wood and eliminated him there. It is submitted by the learned counsel for the petitioner that there is land dispute between the parties. The deceased was
Patna High Court Cr.Misc. No.39627 of 2017 (2) dt.19-08-2017 2/2 not murdered rather he died due to cardiac arrest and the doctor has also given certificate in this regard. There is no eye witness of the occurrence. Admittedly, the petitioner had not gone to Bangalore with the deceased where the deceased died rather the petitioner all through remained at Motihari. He has been languishing in jail custody since 16.04.2017. Under the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikarhana at Dhaka East Champaran at Motihari, in Chiraiya P.S. Case No.193/14. (Prakash Chandra Jaiswal, J) AnilKrSinha/- U