Raj Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13875 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== RAJ KUMAR THAKUR S/o Kailash Thakur Rashtriya Nai Mahasabha Pravakta Muzaffarpur, R/o- Villa - Dora Chapra, Jamalpur, Muzaffarpur, P.S. - Baruraj, Distt. - Muzaffarpur (Bihar), PIn Code- 843124. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Madhuban P.S. Case No. 271 of 2021 registered under Sections 143, 188, 342, 353 of the Indian Penal Code.

Allegedly, a protest was being made against the police administration as one of the persons who was an accused in a 3 different case was not being arrested by the police. In course of the protest, a scuffle is said to have taken place between the police and local residents. It is further alleged that protest was led by this petitioner.

It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in the present case. A protest was being made against the police administration forcing them to arrest an accused of a different case. In course of protest, a scuffle is said to have taken place between the local residents and police. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 5 named persons along with 20 unknown persons have been made accused in the present case.

Patna High Court CR. MISC. No.13875 of 2022(2) dt.23-08-2022 2/2 Similarly situated accused Chandrika Thakur has already been granted pre arrest bail by a co-ordinate Bench of this court vide order dated 13.01.2022 passed in Cr. Misc. No. 70687/ 2021. Petitioner has got clean antecedent.

The learned counsel for the State opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No. 271 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) BKS/- U T