Hemant @ Hanuman Thakur @ Hemant Kumar Thakur @ Hemant Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68567 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Hemant @ Hanuman Thakur @ Hemant Kumar Thakur @ Hemant Thakur Son Of Late Plamu Thakur Resident Of Village - Kumhiya Mandir, Tola, PsBahadurganj, Distt- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Singh For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Bahdurganj P.S. Case No. 234 of 2023 instituted for the offence under Section 302 of the Indian Penal Code.
3. As per allegation in the FIR, the petitioner along with other co-accused persons are alleged to have assaulted the father of the informant due to which he succumbed to injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. General and omnibus allegation of assaulting leveled against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition
Patna High Court CR. MISC. No.68567 of 2023(3) dt.09-01-2024 2/2 and he is languishing in judicial custody since 4.8.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to push down the father of the informant and starting assaulting him by pressing neck thereafter, other co-accused also started assaulting him due to which his father succumbed to injury. The postmortem report corroborates the prosecution allegation. It is further submitted that the witnesses of this case have also supported the prosecution case.
6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J) Amandeep/- U T