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Patna High CourtCR. MISC./9935/2021bail rejected

Anil Thakur v. The State Of Bihar

2021-08-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9935 of 2021 Arising Out of PS. Case No.-74 Year-2019 Thana- MANSI District- Khagaria ====================================================== ANIL THAKUR Son of Dhanik Thakur Resident of Village - Saidpur, P.S.- Mansi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for bail in connection with a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per allegations in the F.I.R., the accused persons including the petitioner herein came variously armed and it is stated that while the petitioner caught hold of husband of the informant, Rajiv Thakur assaulted him with a scissor as a result of which he died. Further, the petitioner is stated to have assaulted one Rakesh with a knife.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 27.2.2020 (Annexure-1). The petitioner is in

Patna High Court CR. MISC. No.9935 of 2021(4) dt.23-08-2021 2/2 custody since 23.7.2019 and the examination of witnesses has still not commenced. On merits it is submitted that so far as the husband of the informant is concerned, no overt act is alleged against the petitioner and the injuries on Rakesh have been found to be simple in nature.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the direct allegation against the petitioner of having participated in the assault of the husband of the informant leading to his death, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U