Patna High CourtCR. APP (SJ)/37/2017allowed

Chandan Thakur v. The State Of Bihar

2017-03-28Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.37 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Chandan Thakur Son of late Umesh Thakur Resident of VillageHarishankar Maniyari, P.S.- Maniyari, District- Muzaffarpur. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Vipin Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-03-2017 Heard learned counsel for the appellant as well as learned Special P.P.

It has been alleged by the informant that his brother Anil Ram @ Laxmi, who was running a toddy shop in the village came from his shop on 29.02.2016 at about 10.00 PM and after taking meal, slept. On the following morning he was found missing from the house. At about 10.00 AM his dead body was found in the field of Prabhu Narayan Thakur having ante-mortem injury over his person. The informant has shown suspicion on the appellant, as few days ago there was quarrel in between them. From perusal of the case diary, it would be evident that on that very score, all the witnesses have simply suspected but without any circumstantial evidence.

Patna High Court CR. APP (SJ) No.37 of 2017 (3) dt.28-03-2017 2/2 Accordingly, after setting aside the order dated 12.08.2016 passed by the 3rd Additional Sessions Judge-cumSpecial Judge, SC/ST, Muzaffarpur, appellant Chandan Thakur is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judgecum-Special Judge, SC/ST Act, Muzaffarpur in connection with Maniyari P.S. Case No. 30/2016, Trial No. 428/2016. Consequent thereupon, the instant appeal is allowed. (Aditya Kumar Trivedi, J.) Rakhi U T