Yogendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12245 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== Yogendra Thakur Son Of Late Suresh Thakur R/O Village- Maheshkhut Pacharitola, Ward No.-3, P.S.- Maheshkhut, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14199 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Kundan Thakur @ Kundan Kunal S/o Yogendra Thakur Resident of VillageMaheshkhut Pacharitola, Ward No. 3, P.S.- Maheshkhut, District- Khagaria. 2.

Dayanand Thakur S/o Suresh Thakur Resident of Village- Maheshkhut Pacharitola, Ward No. 3, P.S.- Maheshkhut, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 12245 of 2022) For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Raj Ballabh Singh (In CRIMINAL MISCELLANEOUS No. 14199 of 2022) For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Maheshkhut P.S. Case No.182 of 2021, registered for the offences punishable under Sections 302, 307 and 34 of the

Patna High Court CR. MISC. No.12245 of 2022(2) dt.03-08-2022 2/3 Indian Penal Code.

The petitioners and other co-accused persons are said to have entered into the house of the informant and started assaulting the family members of the informant. Pawan Thakur, Chandan, Abhishek and Babu Saheb assaulted the father of the informant by means of sword on his head and the father of the informant fell down on the ground. It is further alleged that all accused persons assaulted all the family members of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the allegations are general and omnibus. The specific allegation is against coaccused, Pawan Thakur, Chandan, Abhishek and Babu Saheb that they assaulted the father of the informant by means of sword on his head. It is also submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition.

Taking into consideration the facts that the specific allegation is not against the petitioners and the petitioners have got no criminal antecedent, let petitioners, above named, in the event of their arrest or surrender before the learned court below

Patna High Court CR. MISC. No.12245 of 2022(2) dt.03-08-2022 3/3 within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/Successor Court in connection with Maheshkhut P.S. Case No.182 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T