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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87385 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Chandan Kumar Thakur @ Chandan Thakur Son of Ramjeet Thakur @ Ramji Thakur Resident of Village- Garha, P.S.- Uwantnagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jagdishpur P.S. Case No. 10 of 2024 instituted for the offences under Sections 302, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case as emanated from the FIR is that accused persons have killed the son of the informant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged

Patna High Court CR. MISC. No.87385 of 2024(3) dt.31-01-2025 2/2 against the petitioner. Learned counsel further submitted that as per the CCTV footage, the petitioner was seen sitting inside the car but the same does not account for accusation of the commission of murder of the informant's son. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.04.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP referring to paragraph nos. 7 and 8 of the case diary submitted that several witnesses have supported the case of the prosecution. Learned APP further submitted that as per postmortem report, death of the deceased was caused due to shock and haemorrhage on vital parts of the body and fire arm injury was also found.

6. Considering the aforesaid facts and circumstances of the case, material available against the petitioner in the case diary as also the nature and gravity of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for grant of bail to the petitioner is rejected. (Rudra Prakash Mishra, J) Alok Verma/- U T