Patna High CourtCR. MISC./12183/2015rejected

Sadhu Thakur @ Sadhu Saran Thakur v. The State Of Bihar

2015-10-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12183 of 2015 Arising Out of PS.Case No. -143 Year- 2011 Thana -BIHIYA District- BHOJPUR ======================================================

1. Sadhu Thakur @ Sadhu Saran Thakur Son of late Deo Narayan Thakur Resident of Village- Gaura, P.s. Behea(Bahoranpur) , District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Verma. For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) For the Informant Mr. Rakesh Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against petitioner is that he opened fire, causing fire-arm injury on the chest of deceased and it would appear from perusal of the case diary that in course of investigation, the informant and several other witnesses also supported the accusation. Furthermore, it would appear that the investigating officer as well as Dy. S.P. found the accusation true against the petitioner but the Superintendent of Police, differed with the opinion of Dy. S.P. and directed the investigating officer to submit the final form in respect of the petitioner and in compliance of order of the Superintendent of Police, the investigating officer submitted final form in respect of the

Patna High Court Cr.Misc. No.12183 of 2015 (6) dt.08-10-2015 2/2 petitioner but learned Magistrate differed with the findings of the police and took cognizance for the offence against the petitioner. Learned counsel for the petitioner tried to convince me about the false implication of the petitioner, pointing out the opinion of the doctor but I am not, at all, convinced with the aforesaid submission and accordingly, his prayer for bail in connection with Behea P.S. Case No. 143 of 2011 pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T