Vijay Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.39562 of 2015 (3) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39562 of 2015 Arising Out of PS.Case No. -78 Year- 1992 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Thakur Son of Uday Thakur Resident of Village - Bagha, P.S. - Harsidhi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 09.11.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is named in the first information report with allegation that he opened firing causing firearm injury to informant's father. It is a serious case of section 302 and other minor sections of the Indian Penal Code and the occurrence of the present case took place in the year 1992 whereas petitioner could be arrested on 12.6.2015.

Therefore, considering conduct of the petitioner as well as accusation levelled against the petitioner, I am not inclined to release him on bail and accordingly, his prayer for bail in connection with Harsidhi P.S. Case no. 78/1992 pending in the court of the Chief Judicial Magistrate, East Champaran at Motihari stands rejected. However, Chief Judicial Magistrate, East Champaran at

Patna High Court Cr.Misc. No.39562 of 2015 (3) dt.09-11-2015 Motihari/ concerned court should commit the case of the petitioner to the court of sessions in accordance with law, if the same has not been committed as yet.

shahid (Hemant Kumar Srivastava,J) U T