Subodh Thakur @ Subodh Thakurl v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49309 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Subodh Thakur @ Subodh Thakurl S/o Late Radha Kishun Thakur, R/o Vill.- Rup Chhapra, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Yogendra Kumar For the Informant : Mr. Bhavesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner.
Petitioner prays for bail in connection with Sahebganj P.S.Case No. 95 of 2018 registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code. Allegation as per FIR is that while informant came from his matrimonial home he found the petitioner and his wife coming out from the matrimonial house and they fled away seeing the informant and took shelter in the house of Govind Tiwary and further case is that one knife was recovered from there. Submission of learned counsel for the petitioner is that there was no eye-witness to the occurrence and moreover seizure list was prepared prior to lodging of FIR and that creates suspicion about the prosecution case and petitioner is in custody since
Patna High Court Cr.Misc. No.49309 of 2018 (3) dt.03-10-2018 2/2 19.3.2018.
Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that petitioner was seen coming out from the place of occurrence immediately after the occurrence and blood stained knife was recovered from him and as such petitioner does not deserve bail. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.
Hence, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T