Karunanidhi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34151 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- BIHIYA District- Bhojpur ====================================================== Karunanidhi Thakur, S/o Shri Bhagwan Thakur, R/o Vill.- Gaura, P.S.- Behiya, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra For the Opposite Party/s :

Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Bihiya P.S.Case No. 315 of 2017 registered under Sections 147, 148, 149, 307, 323, 302 and 120B of the Indian penal Code and Section 27 of the Arms Act. Allegation in brief is that on the order given by one Vikky Thakur, Angad Thakur fired upon Manoj Thakur causing his death and Din Dayal also shot at him. It is alleged that petitioner also fired upon Amit Thakur but it did not hit him upon which he assaulted him with the butt.

Submission is that there is land dispute between Angad Thakur and deceased and the specific allegation of killing deceased is against Angad thakur and firing made by Din Dayal Thakur, and there is no any overt act alleged against the petitioner with regard to killing of deceased. The only allegation

Patna High Court Cr.Misc. No.34151 of 2018(2) dt.26-06-2018 2/2 is that he opened fire but not hit another person rather said to have assaulted with butt and even the FIR named accused persons Mantosh Thakur and Dhanu Thakur have been admitted to bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 6035 of 2018 and by this Court vide Cr. Misc. No. 30837 of 2018 and the petitioner bears no criminal antecedent. Learned counsel for the informant opposes the prayer of bail.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Karunanidhi Thakur, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Bhojpur at Ara in connection with Bihiya P.S. Case No. 315 of 2017.

(Arun Kumar, J) sujit/- U T