Patna High CourtCR. MISC./13678/2021disposed

Munnilal Thakur v. The State Of Bihar

2022-01-11Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13678 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

Munnilal Thakur, Male aged about 43 years, Son of Late Naresh Thakur. 2.

Guddu Kumar, Male, aged about 18 years, Son of Munnilal Thakur. Both residents of village- Khaira, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 11-01-2022 Heard the parties through video conferencing. It appears that vide order dated 22.11.2021, the application with regard to petitioner no. 1, namely Munnilal Thakur has already become infructuous and this application is now restricted to petitioner no. 2, namely Guddu Kumar, respectively.

The petitioner no. 2 seeks bail in anticipation of his arrest in connection with Mohammadpur P.S. Case No. 130 of 2020 instituted for the offences punishable under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner no. 2 submits that there is general and omnibus allegation against all and taking

Patna High Court CR. MISC. No.13678 of 2021(3) dt.11-01-2022 2/2 into consideration the nature of injuries, of the deceased who has died after treatment and there is no specific overt act alleged against the petitioner who is of 18 years of age, I am inclined to allow anticipatory bail to petitioner no. 2, namely Guddu Kumar, in the event of arrest he shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner no. 1, namely Munnilal Thakur is concerned, the bail application is dismissed as he has already been arrested.

(Sanjeev Prakash Sharma, J) Anand Kr.

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