Arvind Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39678 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== ARVIND THAKUR Son of Chokat Thakur Resident of village - Inarwa, P.S. - Adapur, Distt. - East Champaran Pin 845306 ... ... Petitioner/s The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Pd Singh No.1 For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Adapur P.S. Case No. 312 of 2022 instituted for the offence under Sections 341, 302, 120B/34 of the Indian Penal Code.

3. As per allegation in the FIR, while the son of the informant namely, Irshad Alam was returning home meanwhile, the accused persons including the petitioner surrounded and started assaulting him. During this incident, the petitioner is alleged to have stabbed the informant's son by means of knife due to which he sustained injuries on below his neck. Thereafter, he was being taken to hospital but on the way, he died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39678 of 2023(3) dt.11-09-2023 2/3 petitioner is innocent and committed no offence. He has falsely been implicated in this case on the basis of suspicion. The informant is not eye witness of the alleged occurrence rather he lodged the case against petitioner to save skin from the Adapur P.S. Case No. 313 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 1.11.2022.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to assaulted the deceased by means of knife due to which son of the informant/deceased sustained stab injuries and died on the way to hospital. The postmortem report of the deceased has supported the prosecution allegation wherein, doctor opined cause of death is occurred due to Hemorrhage & shock caused by sharp or pointed weapon.

6. Having heard the learned counsel for the parties and considering the specific allegation against the petitioner to stab the deceased, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.39678 of 2023(3) dt.11-09-2023 3/3 conclude the same at the earliest.

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