Ram Lochan Thakur @ Sanjay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19914 of 2022 Arising Out of PS. Case No.-85 Year-2016 Thana- KHAJAULI District- Madhubani ====================================================== 1.

Ram Lochan Thakur @ Sanjay Thakur Son Of Rajendra Thakur R/O Village- Kasma Marar Tole Dholbajja, P.S.- Khajauli, District- Madhuabani 2.

Suryadev Yadav @ S.D.Yadav Son Of Ram Hirday Yadav R/O VillageKasma Marar Tola Dholbajja, P.S.- Khajauli, District- Madhubani 3.

Gopal Marik Son Of Agani Lal Marik R/O Village- Kasma Marar Tole, Dholbajja, P.S.- Khajauli, District- Madhuabani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Khajauli P.S. Case No. 85 of 2016 registered for the offence under Sections 147, 341, 323, 337, 338, 427, 201, 353, 431, 171(f) of the Indian Penal Code.

Prosecution case in short is that on the tip off, the informant reached at the place of occurrence and found that the

Patna High Court CR. MISC. No.19914 of 2022(2) dt.06-05-2022 2/3 road was blocked by the public which was unblocked after mitigation and in consequence thereof, brick batting was being done by the villagers at election centre, in which police force got injured. The camera of videographer was snatched by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. A scuffle is said to have taken place at the booth during Panchayat Election. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 2 named persons along with 20-25 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.19914 of 2022(2) dt.06-05-2022 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Madhubani in connection with Khajauli P.S. Case No. 85 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T