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Patna High CourtCR. MISC./17570/2020partly allowed disposal

Mukesh Thakur @ Mukesh Kumar v. The State Of Bihar

2020-07-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17570 of 2020 Arising Out of PS. Case No.-659 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

Mukesh Thakur @ Mukesh Kumar, Son of Bhola Thakur Resident of Village - Anandpur Camp, P.S.- Bihta, District - Patna 2.

Dhaneshwar Thakur, Son of Bhola Thakur Resident of Village - Anandpur Camp, P.S.- Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2020 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Bihta P.S. Case No. 659 of 2019 registered for the offences under Sections 341, 323, 307 and 504 of the Indian Penal Code.

Considering the fact that there is no overt act against the petitioner No.1, Mukesh Thakur @ Mukesh Kumar, the Court is inclined to grant anticipatory bail to him. Let the petitioner No. 1 Mukesh Thakur alias Mukesh Kumar, in the event of arrest or surrender within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17570 of 2020(2) dt.10-07-2020 2/2 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM-I, Danapur in connection with Bihta P.S. Case No. 659 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the petitioner No. 2, Dhaneshwar Thakur is concerned, there is specific allegation against him and as such the Court is not inclined to grant bail to him. The prayer for grant of anticipatory bail to the petitioner No. 2 is rejected. However, the petitioner no. 2 shall be at liberty to surrender and pray for bail before the court below which shall be considered and disposed of by the court below on the same day without being prejudiced by rejection of his anticipatory bail by this Court.

(Anil Kumar Upadhyay, J) spandey/- U T