Krishna Mohan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64599 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== KRISHNA MOHAN THAKUR SON OF DEENDAYAL THAKUR R/O VILLAGE- AMOLAWA, P.S.- GAUNAHA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 304 of the Indian Penal Code.
As per the prosecution case, this petitioner deliberately brought the tractor in orchard and drove the tractor causing death of father of informant and Premjit Singh. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to previous enmity. It is submitted that it was accidental death and there was no intention to kill. Petitioner claims clean antecedent and is in custody since 18.08.2021 and
Patna High Court CR. MISC. No.64599 of 2021(3) dt.18-04-2022 2/2 investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that informant is an eye witness of the occurrence and there is direct and specific allegation against this petitioner that he deliberately committed the offence and caused death of Ramesh Singh and Premjit Singh by driving tractor.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) BKS/- U T