Din Dayal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60651 of 2025 Arising Out of PS. Case No.-315 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== Din Dayal Thakur, aged about 27 years (Male), Son of Sri Bhagwan Thakur, R/o Village - Gaura, P.S. - Bihiya, District - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate, Mrs. Vaishnavi Singh, Advocate and Mr. Ritwik Thakur, Advocate For the Informant : Mr. Anurag Saurav, Advocate, Ms. Sharda Raje Singh, Advocate and Mr. Abhinav Shankar, Advocate For the State :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bihiya P.S. Case No. 315 of 2017 dated 29.09.2017 registered for the offences punishable under Sections 147, 148, 149, 323,307, 302, 120B of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is alleged to have killed the informant's brother, namely, Manoj Thakur, by means of gunshot injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is admitted land dispute

Patna High Court CR. MISC. No.60651 of 2025(2) dt.17-11-2025 2/3 between the parties. It is further submitted that there is specific allegation of firing on the deceased against the co-accused Angad Thakur. The only allegation against the petitioer is that he fired on the deceased which hit on the left hand of the deceased. The postmortem of the decased was conducted and the doctor has opined the casue of death as shcok and haemorrhage injury to vital part heart resulting into death. It is further submitted that during the course of investigation, police recorded the statement of some independent witnesses, namely, Om Prakash Thakur, Raju Thakur and Triloki Pal and they have stated that the deceased had many enemies and any one may have committed the occurrence.

It is further submitted that at the time of the alleged occurrence, petitioner was a student of B.Sc. (Hons.) and he was pursuing his course from D.K. College, Dumraon and he completed his graduation in the year 2019 in the First Division. It is further submitted that the other co-accused persons, namely, Mantosh Thakur in Cr. Misc. No. 6035 of 2018 vide order dated 05.02.2018, Dhanu Thakur in Cr. Misc. No. 30837 of 2018 vide order dated 18.05.2018, Karunanidhi Thakur in Cr. Misc. No. 34151 of 2018 vide order dated 26.06.2018, Srikant Thakur in Cr. Misc. No. 34406 of 2021 vide order dated 03.12.2021 and Vikky Thakur in Cr.

Patna High Court CR. MISC. No.60651 of 2025(2) dt.17-11-2025 3/3 Misc. No. 3126 of 2025 vide order dated 25.03.2025 have already been granted bail by this Hon'ble Court as stated in paragraph no. 22 of the bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 18.03.2025.

5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Bhojpur, Ara, in connection with Bihiya P.S. Case No. 315 of 2017.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T