Vijay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.399 of 2019 Arising Out of PS. Case No.-872 Year-2015 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Vijay Thakur Son of Bachan Thakur @ Bachcha Thakur, resident of VillageBarharwa, Lakhansen, Police Station- Dhaka, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Motihari Town P.S. Case No. 872 of 2015 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

Informant who is the wife of the deceased has alleged that some unknown criminal killed her husband when he was sleeping in his house.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to dirty village politics. He is not named in FIR. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, Gudiya Mishra (informant) and except confession there is nothing against petitioner. Petitioner has got

Patna High Court CR. MISC. No.399 of 2019(3) dt.14-03-2019 2/2 no criminal antecedent and is in custody since 05.06.2018. Considering Paragraph-21 of the case diary that coaccused Guriya Mishra (informant) herself confessed that petitioner has illicit relation with her and due to which petitioner and co-accused (informant) killed the deceased supported by call details and recovery of sedative tablets, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

(S. Kumar, J) manoj/- U T