Raju Sharma @ Raju Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54222 of 2024 Arising Out of PS. Case No.-248 Year-2020 Thana- BATHNAHA District- Sitamarhi ====================================================== Raju Sharma @ Raju Kumar Thakur Son of Surendra Sharma @ Surendra Thakur R/O Village-Koili, P.S-Bathnaha, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard the parties.

2.

Petitioner seeks regular bail in connection with Bathnaha P.S. Case No.248 of 2020, registered for the offence punishable u/s 302, 120(B)/ 34 of IPC.

3.

As per prosecution case, petitioner and other co-accused persons armed with swords came to the house of the informant and assaulted the mother of the informant causing her death. The occurrence took place in the background of dispute over right to way and kidnapping of the sister of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The postmortem report does not corroborate

Patna High Court CR. MISC. No.54222 of 2024(3) dt.13-12-2024 2/2 the allegation of indiscriminate assault of sword by four persons on the neck of mother of the informant. Petitioner has two criminal antecedent as mentioned in para 3 of the bail application and has been languishing in custody since 09.05.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of regular bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner shall be at liberty to renew his prayer for regular bail after framing of charge.

(Anjani Kumar Sharan, J) priyanka/- U T