Sanjay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27663 of 2020 Arising Out of PS. Case No.-88 Year-2019 Thana- LAURIA District- West Champaran ====================================================== Sanjay Thakur S/o Late Kamlesh Thakur R/o Village- Makari, P.S.- Lauriya, District- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 307/302 and other ancillary sections of the Indian Penal Code.

Informant alleges that on 17.4.2019 at about 9 pm petitioner along with other FIR named accused persons, armed with lathi and iron rod, entered into his house and started abusing and assaulting the family members. Meanwhile, coaccused Mukesh Thakur and the petitioner assaulted his brother with iron rod causing head injury. Accused persons also assaulted wife and brother of the informant when they

Patna High Court CR. MISC. No.27663 of 2020(2) dt.20-10-2020 2/3 tried to save the victim. It is also alleged that the accused persons took away ornaments and Rs.15,000/- from the house of the informant. Brother of the informant declared dead in the hospital.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner rather it has been alleged that the petitioner and co-accused Mukesh Thakur assaulted the victim with iron rod on the head but the post mortem report reveals that only one lacerated wound was found on the head of the deceased and thus the post mortem report does not support the prosecution allegation. He submits that in fact on receiving aforesaid injuries, the victim fell down and sustained accidental injuries on his head which proved fatal. Charge sheet has also been filed in the case. Petitioner has got no criminal antecedent and he is in custody since 31.8.2019.

Learned counsel for the State submits that there is clear allegation in the First Information Report that the petitioner and co-accused Mukesh Thakur assaulted the victim with iron rod on his head which fact has also been corroborated by the post mortem report.

In view of the facts of the case as well as the nature

Patna High Court CR. MISC. No.27663 of 2020(2) dt.20-10-2020 3/3 of allegation, prayer for bail of the petitioner is refused. Shashi (Prabhat Kumar Singh, J) U T