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Patna High CourtCR. MISC./18693/2022allowed

Mahendra Thakur v. The State Of Bihar

2022-09-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18693 of 2022 Arising Out of PS. Case No.-387 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

MAHENDRA THAKUR Son of Late Mithara Thakur Resident of Village - Kharauna Jay Ram, Post Office - Kharauna Dih, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur.

2.

Atul Kumar Thakur @ Papu Thakur Son of Late Krishn Kumar Resident of Village - Kharauna Jay Ram, Post Office - Kharauna Dih, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur.

3.

Mohan Thakur Son of Mahendra Thakur Resident of Village - Kharauna Jay Ram, Post Office - Kharauna Dih, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur.

4.

Balmiki Thakur Son of Mahendra Thakur Resident of Village - Kharauna Jay Ram, Post Office - Kharauna Dih, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Learned counsel for the petitioners is permitted to make necessary correction in para-1 as well as prayer portion of the petition.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354, 427, 448, 380, 504, 506 and 120(B) of the Indian Penal Code and Sections 3/ 4 of the Dayan Act. Allegedly, it is a case of assault upon the informant on

Patna High Court CR. MISC. No.18693 of 2022(2) dt.28-09-2022 2/2 the pretext of calling the informant as dayan/witch. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that from perusal of the impugned order, it appears that there is no injury report is available in the case diary at the time of passing the order. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, West, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 387 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U