Manish Thakur @ Manish Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16202 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Manish Thakur @ Manish Kumar Thakur S/O Raj Kumar Thakur Resident of Village- Hati, Police Station- Biraul, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 130/2024 dated 27.03.2024 registered for the offences punishable under sections 147, 148, 149, 120B, 186, 188, 341, 342, 323, 324, 325, 332, 333, 307, 353, 337, 354B, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant got information that a motorcycle was coming rashly and negligently from K. Asthan side and dashed with tempo. At the same time, a police van was coming from the opposite side due to which one person came under the van and died on the spot.
Patna High Court CR. MISC. No.16202 of 2025(2) dt.13-05-2025 2/3 The petitioner and the co-accused persons are alleged to have instigated 100-200 persons to enter the premises of the police station with intent to commit an untoward incident and about 50 people entered the police station premises and threw the chairs and government documents outside the police station and some people were holding inflammable substances in their hands and sound was coming from the crowd to burn the police station. The petitioner and co-accused persons were identified through video footage with the help of Mahal Chowkidar. The petitioner is alleged to have abused, attacked upon the police party and also assaulted them with lathi, danda causing hindrance in discharging duties of public servant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. No incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 49596/ 2024. The petitioner has been made accused in this case only because he is a member of the mob. The petitioner has no
Patna High Court CR. MISC. No.16202 of 2025(2) dt.13-05-2025 3/3 concern with the alleged offence. The co-accused persons have already been granted regular bail by this court vide order dated 30.04.2025 passed in Cr. Misc. No. 20620/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Biraul P.S. Case No. 130/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T