Arjun Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8597 of 2025 Arising Out of PS. Case No.-213 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.
Arjun Thakur Son of Late Garbhu Thakur Resident of Village - Mishrauliya, P.S. - Motipur, District - Muzaffarpur 2.
Sudama Thakur Son of Late Rajdev Thakur Resident of Village - Mishrauliya, P.S. - Motipur, District - Muzaffarpur 3.
Bhola Thakur @ Premnath Bhola Thakur Son of Harendra Thakur Resident of Village - Mishrauliya, P.S. - Motipur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bipin Chandra, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2025 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Motipur PS case no. 213 of 2023, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of Arms Act. 3.
The prosecution story, as per the First Information Report, is that on 06.07.2023, while the son of the informant was working in the clinic, petitioners along with other accused persons, total 19 named accused persons, arrived there and started abusing him. When the informant reached there,
Patna High Court CR. MISC. No.8597 of 2025(2) dt.07-02-2025 2/3 petitioner no. 1 assaulted the informant by means of iron rod, petitioner no. 2 assaulted Sujit Kumar by means of knife and petitioner no. 3 assaulted Yashwant Kumar by means of farsa and other accused persons assaulted the informant and others by lathi and danda.
4.
Learned Counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and they have been falsely been implicated in this case due to political rivalry, inasmuch as father of petitioner no. 1 had won the election of Ward Commissioner of Ward no. 11 of the Motipur Nagar Parishad, which was being won by the informant for the last four terms. Learned counsel further submits that from perusal of the impugned order, it is evident that no injury has been caused to the informant and the injuries caused to Sujit Kumar and Yashwant Kumar are simple in nature. He also submits that petitioners are having no criminal antecedent and 13 accused persons have been granted anticipatory bail by this Court vide order dated 21.04.2024, passed in Cr. Misc. No. 49629 of 2024.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the present case arises out of political dispute as also the fact
Patna High Court CR. MISC. No.8597 of 2025(2) dt.07-02-2025 3/3 that injury sustained by the victims are simple in nature, petitioners are having clean antecedent and other co-accused persons have already been granted anticipatory bail by this Court, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.2nd, Muzaffarpur in connection with Motipur PS case no. 213 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T