Indal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10362 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- PURAINI District- Madhepura ====================================================== 1.

INDAL THAKUR Son of Laxmi Thakur Resident of VillageTirasi,Sapardah, P.S.- Puraini, District- Madheplura. 2.

Bambam Thakur @ Bambam Kumar Son of Dinesh Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura. 3.

Ranjeet Thakur @ Ranjeet Kumar Son of Suren Thakur Resident of VillageTirasi,Sapardah, P.S.- Puraini, District- Madheplura. 4.

Shankar Thankur Son of Suren Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

5.

Babloo Thakur @ Babloo Kumar S/o Dinesh Thakur Resident of VillageTirasi,Sapardah, P.S.- Puraini, District- Madheplura. 6.

Rajesh Thakur Son of Mahanth Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

7.

Banti Thakur @ Banti Kumar Son of Subodh Thakur Resident of VillageTirasi,Sapardah, P.S.- Puraini, District- Madheplura. 8.

Vikash Thakur Son of Mahanth Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

9.

Dinesh Thakur Son of Late Ganesh Thakur Resident of VillageTirasi,Sapardah, P.S.- Puraini, District- Madheplura. 10.

Roshan Thakur Son of Sambhu Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

11.

Shankar Thakur Son of Subodh Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

12.

Sunil Thakur Son of Naresh Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

13.

Rajendra Thakur Son of Suraju Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

14.

Santosh Thakur @ Santosh Kumar Son of Suren Thakur Resident of VillageTirasi,Sapardah, P.S.- Puraini, District- Madheplura. 15.

Awadhesh Thakur @ Awadesh Thakur Son of Bhojal Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura. 16.

Pappu Thakur Son of Suren Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

17.

Sambhu Thakur Son of Ganesh Thakur Resident of Village- Tirasi,Sapardah, P.S.- Puraini, District- Madheplura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

Patna High Court CR. MISC. No.10362 of 2022(2) dt.02-08-2022 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 354, 427, 504, 506 of the IPC. Allegedly, the FIR named accused persons including the petitioners have indiscriminately assaulted the informant, killed her one goat, looted money and jewellery and also assaulted her younger child and cousin.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to prior dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted

Patna High Court CR. MISC. No.10362 of 2022(2) dt.02-08-2022 3/3 that for the alleged occurrence, there is a case and counter-case between the parties. In the occurrence, both sides have sustained injuries, which are simple in nature, which is relevant from the impugned order. Petitioners have criminal antecedent, as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a case and counter-case between the parties and the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each 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 Puraini P.S. Case No.86/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T