Ratnesh Prasad Thakur vs State Of Bihar on 19 July, 2011

                              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                               Cr.Misc. No.37978 of 2008
                     Ratnesh Prasad Thakur, Son of late Raghunath Prasad Thakur, resident of village-
                           Budhnagra, P.S. Mushari, District- Muzaffarpur.
                                                           Versus
                                                    The State Of Bihar
                      For the petitioner: Mr. Abhay Kumar, Advocate.
                      For the State : Mr. Jharkhandi Upadhayay, A.P.P.
                                                         -----------

02 19.07.2011 Heard learned counsel for the petitioner and learned

counsel appearing on behalf of the State.

This application has been filed to discharge the

petitioner for the offence under Section 304 of the Indian Penal

Code.

Learned counsel for the petitioner submits that the

main act was done by 1000-1500 persons, while two persons

entered into the house of informant to commit crime, who was

caught by the mob. It is submitted that the petitioner had lodged

an F.I.R. against the deceased and others. The Court has referred

paragraphs- 54, 58 and 62 of the case diary and stated that the

petitioner cannot be discharged at this stage. Probably, as far as

the discharge application is concerned, the Court below is

correct in holding that may not be discharged at this stage,

however, the Court below is directed to look into all the

materials during the trial including the fact that the mob of 1000-

1500 persons is said to have been responsible for the occurrence.

This application is disposed off with the aforesaid

observation.

Md. Ibrarul                                                      ( Sheema Ali Khan,J.)