Amarjeet Thakur @ Amarjeet Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16438 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.
AMARJEET THAKUR @ AMARJEET KUMAR THAKUR S/O LALBAHADUR THAKUR @ LALBABU THAKUR R/O VILLAGECHANDA, POST OFFICE- ARAKH, P.S- BRAHAMPUR (CHAKKI), DISTT.- BUXAR.
2.
BAHADUR THAKUR @ BIR BAHADUR THAKUR S/O LALBAHADUR THAKUR @ LALBABU THAKUR R/O VILLAGECHANDA, POST OFFICE- ARAKH, P.S- BRAHAMPUR (CHAKKI), DISTT.- BUXAR.
3.
KANCHAN DEVI W/O LALBAHADUR THAKUR @ LALBABU THAKUR R/O VILLAGE- CHANDA, POST OFFICE- ARAKH, P.SBRAHAMPUR (CHAKKI), DISTT.- BUXAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harendra Kumar For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 354B, 379, 307 and 504 of the Indian Penal Code.
3. The petitioners in association of other co-accused is said to have assaulted the informant and his family members.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have
Patna High Court CR. MISC. No.16438 of 2024(2) dt.14-03-2024 2/3 been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are agnates and next door neighbour. There is admitted land dispute between the parties. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case as well as the fact that petitioner no.3 is lady, let the above named petitioner no.3, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Brahampur (Chakki) P.S. Case No. 491 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Considering the facts and circumstances of case as well as the fact that the injury attributed by petitioner nos.1 and 2 are grievous in nature, I am not inclined to enlarge petitioner nos.1 and 2 on anticipatory bail. The prayer for anticipatory bail of the petitioner nos.1 and 2 is hereby rejected. However, they are directed to surrender before the learned Court below within
Patna High Court CR. MISC. No.16438 of 2024(2) dt.14-03-2024 3/3 six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T