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Patna High CourtCR. MISC./16644/2023allowed

Ananjai Thakur @ Dhananjay Thakur v. The State Of Bihar

2023-06-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16644 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Ananjai Thakur @ Dhananjay Thakur Son Of Ram Dular Hajam @ Ram Dular Thakur Residnet Of Village Kekarha, Ps- Mohania, District- Kaimur (BHABHUA) ... ... Petitioner/S

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and chargesheet has been submitted under Section 304/34 of the IPC.

As per FIR, the allegation against the petitioner is that in inebriated condition came at the house of the informant and after breaking door of his house assaulted his father due to which father of the informant succumbed to injury. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The informant is not an eye witness of the alleged occurrence

Patna High Court CR. MISC. No.16644 of 2023(3) dt.23-06-2023 2/2 and as per FIR, it is apparent that it is not stated by the informant, that which type of weapon the petitioner was holding in his hand for causing assault to the deceased at the time of alleged occurrence. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohania P.S. Case No. 519 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XI, Kaimur at Bhabhua.

(Sunil Kumar Panwar, J) manishkumar/- U T