Patna High CourtCR. MISC./16804/2019dismissed

Dipu Thakur v. The State Of Bihar

2019-05-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16804 of 2019 Arising Out of PS. Case No.-487 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DIPU THAKUR Son of Kaleshwar Thakur @ Baleshwar Thakur Resident of Ward No.- 29, Bagha, Suhird Nagar, P.S.- Cheria Bariarpur, DistrictBegusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shaishav Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Begusarai Nagar P.S.Case No.487 of 2018 registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution story is that the petitioner and other accused persons have taken the deceased to settle the dispute and they also said that they will sit in the morning and he does not need to fear about the same and later on the dead body was recovered.

Submission of the learned counsel for the petitioner is that there is no motive for the petitioner to cause death of the deceased and he has been falsely been implicated in this case

Patna High Court CR. MISC. No.16804 of 2019(4) dt.13-05-2019 2/2 and there is no eye witness of the occurrence. Heard learned A.P.P. , who has opposed the prayer for bail on the ground that several witnesses have also supported the above prosecution story. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move for regular bail, which will be considered by the learned court below o its own merit.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T