Amar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10709 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== 1.

Amar Thakur S/O Asheshwar Thakur Resident Of Village- Madhiya, P.S.- Harlakhi, District- Madhubani.

2.

Sunil Thakur S/O Asheshwar Thakur Resident Of Village- Madhiya, P.S.- Harlakhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Shukla For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners has filed a supplementary affidavit in the Court.

Let it be kept on record.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 343, 307, 504, 504 and 506 of the Indian Penal Code. As per the prosecution case, the petitioners along with other accused persons assaulted the informant and his family members.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have

Patna High Court CR. MISC. No.10709 of 2023(2) dt.10-05-2023 2/2 been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injury, injury was found simple in nature. There is land dispute between the petitioners and the informant and both are agnates. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the nature of the injury, 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 lower Court where the case is pending/successor Court in connection with Harlakhi P.S. Case No.145 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T