Patna High CourtCR. MISC./17793/2023partly allowed disposal

Pawan Thakur v. The State Of Bihar

2023-07-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17793 of 2023 Arising Out of PS. Case No.-182 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

PAWAN THAKUR Son of Vimal Thakur Resident of Village - Maheshkhunt, P.S.- Maheshkhunt, District - Khagaria. 2.

Abhishek Kumar Son of Pawan Thakur Resident of Village - Maheshkhunt, P.S.- Maheshkhunt, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP Mr.Mukesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioners submits that he does not press the anticipatory bail application against the petitioner no.2 because in a quashing matter bearing Cr. Misc. No.16848 of 2023, he has been granted no coercive step. Prayer is allowed.

This application with regard to petitioner no.2 is dismissed as withdrawn.

Now, it is being heard on behalf of petitioner no.1 only. The petitioner apprehends his arrest in a case registered

Patna High Court CR. MISC. No.17793 of 2023(3) dt.05-07-2023 2/3 for the offence punishable u/s 302, 307/34 of the IPC. Allegedly, the petitioner and other accused persons is said to have assaulted the informant's side by means of various weapons.

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 due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after investigation, the police has filed final form against the petitioner no.1 and cognizance has been taken against the petitioner. Petitioner has one criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, 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 court below where the case is pending/Successor

Patna High Court CR. MISC. No.17793 of 2023(3) dt.05-07-2023 3/3 Court in connection with Maheshkhunt P.S. Case No.182 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