Binod Thakur @ Binod Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83135 of 2023 Arising Out of PS. Case No.-460 Year-2022 Thana- KOTWA District- East Champaran ====================================================== BINOD THAKUR @ BINOD KUMAR THAKUR S/O LATE RAM BAHADUR THAKUR R/O VILLAGE- AMWA, P.S- KOTWA, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.N. Shahi Mr. Shivam For the Opposite Party/s :

Mr. Shyam Bihari Singh For the Informant :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2024 Heard learned Senior Counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This is the second attempt for grant of bail. Earlier, the bail application of the petitioner was rejected vide order dated 22.05.2023 passed in Cr. Misc. No. 23437 of 2023. The petitioner in Jail since 06.01.2023.

3. Learned Senior Counsel for the petitioner has vehemently argued that one Ripu Pandey during investigation has given a confession that he is the person who has shot the deceased not others whereas in the F.I.R., the informant has stated that all the accused persons including the petitioner started indiscriminate firing which hit the deceased. The deceased has sustained five injuries.

4. Only on the basis of the confessional statement of Ripu Pandy which can be resiled during the trial, this Court is not inclined to grant bail to this petitioner. This application is

Patna High Court CR. MISC. No.83135 of 2023(3) dt.23-02-2024 2/2 again dismissed.

5. The trial Court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U T