Arun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12879 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== 1.

Arun Thakur Son Of Late Ram Avtar Thakur Resident Of Village - Bastawara, P.S.- Simri, District - Darbhanga. 2.

Bachchi Devi Wife Of Late Ram Avtar Thakur Resident Of Village - Bastawara, P.S.- Simri, District - Darbhanga. 3.

Pushpa Devi Wife Of Shukla Thakur Resident Of Village - Bastawara, P.S.- Simri, District - Darbhanga.

4.

Renu Devi @ Rina Devi Wife Of Arun Thakur Resident Of Village - Bastawara, P.S.- Simri, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nirbhay Prashant, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 143, 448, 323, 354, 308, 427, 504 and 34 of the Indian Penal Code. It is alleged that all the accused including petitioners armed with iron rod and danda came and assaulted the informant as a result of which informant sustained head and hand injury. It is further alleged that when the son of the informant came to save him then he was also assaulted by lathi and iron rod. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been

Patna High Court CR. MISC. No.12879 of 2023(2) dt.11-05-2023 2/2 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. He further submits that there is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, there is no specific overt act against the petitioners and there is admitted land dispute between the parties, 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 Simri P.S. Case No.208 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