Nagendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22152 of 2024 Arising Out of PS. Case No.-17 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Nagendra Thakur SON OF LATE VISHWANATH THAKUR RESIDENT OF VILLAGE- HAKAM, PS- MOHAMMADPUR, DISTT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the parties.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 188, 353, 323 & 341 IPC. 3.

As per the prosecution case, in the Village Mahua, an unknown driver pushed two persons from a vehicle, who died on the spot and in protest of the same, local people blocked the road and damaged private vehicles. When the police party reached there, slogans against the administration were raised and in the course of pacifying the matter, they started setting fire. As such, F.I.R. was lodged against 17 named accused persons including the petitioner and other unknown persons. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.22152 of 2024(2) dt.04-04-2024 2/2 The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no mention in the F.I.R. that any person has sustained any injury. Petitioner has no criminal antecedent and fourteen similarly situated co-accused persons have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.29112 of 2021 and Cr. Misc. No.29383 of 2021.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that several similarly situated co-accused have been enlarged on bail, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Baikunthpur P.S. Case No.17 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T