Vinod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19258 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Vinod Thakur S/O Heera Thakur @ Hira Thakur R/O Village- Chargahan, P.S- Turkauliya, Distt.- East Champaran (MOTIHARI). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

The prosecution case in nutshell is that uncle of the informant, namely, Asarfi Thakur, was working as a labour of Kedar Rai. Uncle of the informant had possessed 5 Katha land but co-accused Hira Thakur, petitioner Vinod Thakur wanted to grab his land. It is further alleged that Hira Thakur and petitioner took his

2/4 uncle from house of Kedar Rai on their motorcycle. It is further alleged that informant got information that a dead body was found in the mango orchard in village Saraiya and when the informant went there, he found the dead body of his uncle and his neck was roped with a white coloured rope. When people gathered, then coaccused Mahanth Sah was seen fleeing away from there. It is further alleged that suspicion has been raised that petitioner along with co-accused persons have committed murder of the uncle of informant with an intention to grab his land.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are agnates and there is land dispute between them. Merely on the basis of suspicion, petitioner was caught by the villagers and handed over to police. Neither there is any eye witness of the alleged occurrence nor there is any consistent material evidence. It is a case of last

3/4 seen. Nothing incriminating has been recovered from the possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 09.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused persons have been granted bail by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that during the course of investigation. The witnesses have stated about the last seen of the victim with this petitioner along with other co-accused persons. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kotwa P.S. Case No. 293 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

4/4 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T