Sunil Thakur @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14655 of 2021 Arising Out of PS. Case No.-426 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== 1.

SUNIL THAKUR @ SUNIL KUMAR Son of Vinay Thakur Resident of Village - Serukahi, P.S.- Kanti, Distt.- Muzaffarpur. 2.

Kumod Thakur @ Kumod Kumar Thakur Son of Laxman Thakur Resident of Village - Serukahi, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr. Pratap Sharma For the State :

Mr. Mrityunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as learned APP for the State assisted by learned counsel for the informant through video conferencing.

The petitioners apprehend their arrest in connection with Kanti P.S. Case No. 426 of 2020, registered for the offences punishable under Sections 148, 149, 323, 324, 307, 379, 427, 504, 506 of the Indian Penal Code.

As per allegation, seven named accused persons and 100 unknown persons were dismantling the boundary wall of the informant and the named accused persons assaulted the informant with butt of the gun. The miscreants also snatched the gold chain and

Patna High Court CR. MISC. No.14655 of 2021(2) dt.27-01-2022 2/2 Rs. 7,000/- cash from the possession of the informant and his family members.

Learned counsel for the petitioners has submitted that there is land dispute between both the parties and the petitioners are not named in the FIR. The allegations against them are general and omnibus in nature and the FIR was sent to the learned Magistrate after an unexplained delay of 19 days.

Considering the above-mentioned facts and circumstances, let the petitioners be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2nd, Muzaffarpur in connection with Kanti P.S. Case No. 426 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T