Lalan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68087 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Lalan Thakur, son of Late Nathhu Thakur, Resident of Village- Rajepur, P.S. Gobindganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate.

For the informant : Mr. Amrendra Kumar @ Dr. Amrendra Kr., Adv. Mr.Manish Rai Sharma, Advocate.

For the Opposite Party/s :

Smt. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Govindganj P.S. Case No. 176 of 2018 instituted for the offence under Section 302 of Indian Penal Code.

Petitioner is brother of the deceased.

The informant has alleged in the written report that her husband had gone to Bathan to sleep in the night. It is alleged that one Divari Sah came to the house of informant and told that her husband Ramchandra Thakur is crying. The informant and others went to Bathan and found that Ramchandra Thakur has sustained serious injury on his neck, both chicks, below the ear, shoulder and back. He was taken to

Patna High Court Cr.Misc. No.68087 of 2018(4) dt.17-12-2018 2/3 Hospital but he died on the way. The informant raised suspicion against this petitioner of committing murder due to property dispute.

Counsel for the petitioner submits that Divari Sah has not taken name of this petitioner before the police in his statement recorded in paragraph 40 of the case diary. Mere suspicion has been raised against petitioner by the informant in her further statement.

Petitioner is in custody since 10.7.2018 having clean antecedent.

Counsel for the informant has appeared and submitted that trial is in progress after framing of charge. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, in connection with Govindganj P.S. Case No. 176 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner. The petitioner is directed to remain physically present in court on each and every date of trial and any two

Patna High Court Cr.Misc. No.68087 of 2018(4) dt.17-12-2018 3/3 subsequent defaults without reasonable cause will result in cancellation of bail bonds in the court below. (Sanjay Priya, J) S.Ali/- U T