Rashendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75549 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- AANDAR District- Siwan ====================================================== Rashendra Thakur, Son of Late Ramayan Thakur Resident of Village - Jayjor, P.S.- Andar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Andar P. S. Case No.228 of 2023 registered for the offences punishable under Section 302/ 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is in custody since 15.11.2023, he is a person with clean antecedent and is alleged to have assaulted the husband of the informant by knife on chest leading to his death on account of dispute relating to picking of dry woods from the door of the informant by the accused persons, which was objected by her husband.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.75549 of 2024(2) dt.18-01-2025 2/2 informant. It is also submitted that on such a trivial dispute why the petitioner would have stabbed the husband of the informant. It is next submitted that petitioner is languishing in judicial custody since 15.11.2023.

5. Learned A.P.P. Sri Chandra Bhushan Prasad vehemently opposes the bail application of the petitioner and submits that there is a specific allegation against this petitioner of assaulting the deceased by knife on chest leading to his death. It is also submitted that FIR has been instituted by the wife of the deceased, who is an eye witness to the occurrence. It is next submitted that no wife would falsely implicate someone, who was not involved in the killing of her husband.

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to release the petitioner on bail.

7. The prayer of the petitioner for regular bail stands rejected accordingly.

(Satyavrat Verma, J) vikash/- U T