Lal Babu Sharma @ Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6106 of 2025 Arising Out of PS. Case No.-25 Year-2024 Thana- ARER District- Madhubani ====================================================== Lal Babu Sharma @ Thakur S/o Bikaw Thakur R/o village - Dhanga ,p.s.- Arer, District - Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
X D/o Pashupati Nath Mishra R/o vill - Dhanga, West, P.S - Arer, Distt.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Arer P.S. Case No. 25 of 2024 dated 23.02.2024 registered under Sections 147, 148, 149, 341, 342, 323, 307, 354(A), 354(B), 379, 376, 511, 427, 448, 452, 504, 506 of the I.P.C. and Section 8/12 of the POCSO Act.
3. The prosecution case as per the first information report is that due to some quarrel between the informant and the sister of the co-accused / Rahul Kamat @ Rahul Kumar Kamat on 20.02.2024, the petitioner along with other accused persons entered into the house of the informant, vandalized it including
Patna High Court CR. MISC. No.6106 of 2025(2) dt.11-02-2025 2/3 Police vehicle and also confined the Police Officer in a room along with other accused persons and torn the suit of the informant's sister.
4. Learned counsel for the petitioner submits that both the parties are co-villagers and dispute between them took place on trivial issue while the informant and the sister of the co-accused / Rahul Kamat were going to take examination on a tempo. He further submits that for the same incident the Police has also lodged Arer P.S. Case No. 23 of 2024 on 21.02.2024 in which the petitioner has been granted anticipatory bail by learned Additional Sessions Judge, Madhubani as stated in paragraph no. 3 of the bail application. He further submits that there is no previous criminal antecedent of the petitioner except the second case lodged by the Police for the same incident. The co-accused / Rahul Kamat has been granted privilege of anticipatory bail by this court in Cr. Miscellaneous. No. 61965 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that both the parties are co-villagers, in the case lodged by the Police for the same incident the petitioner has been granted anticipatory bail by the court below and the co-accused has been
Patna High Court CR. MISC. No.6106 of 2025(2) dt.11-02-2025 3/3 granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-VII cum Special Judge (POCSO Court) Madhubani in connection with Arer P.S. Case No. 25 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T