Rajeev Kumar @ Rajeev Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26567 of 2024 Arising Out of PS. Case No.-432 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== 1.
Rajeev Kumar @ Rajeev Thakur Son of Ram Paras Thakur Resident of Village- Mohammadpur, Police Station- Kanti, Dist.- Muzaffarpur 2.
Punam Devi Wife of Uday Shankar Thakur Resident of VillageMohammadpur, Police Station- Kanti, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Jha For the State :
Mr. Anant Kumar 1 For the Informant :
Mr. Chandra Shekhar Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 307, 379, 504 and 506/34 of the Indian Penal Code.
3. As per the prosecution case, the allegation against the petitioners is that they along with other coaccused persons have assaulted the informant's side by means of several weapons.
4. Learned counsel for the petitioners submits
Patna High Court CR. MISC. No.26567 of 2024(2) dt.01-05-2024 2/3 petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioner no. 1 is said to have assaulted the injured person and injury was found grievous in nature. He further submits that allegation against petitioner no. 2 is of pressing the neck of the informant. He also submits that both the parties are agnates and there is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned counsel for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that the petitioner no. 2 is a female, let the above named petitioner no.2, 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
Patna High Court CR. MISC. No.26567 of 2024(2) dt.01-05-2024 3/3 pending/successor Court in connection with Kanti P.S. Case No. 432 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Considering the facts and circumstances of case and the fact that the petitioner no. 1 is said to have assaulted the informant's side and injury was found grievous in nature, I am not inclined to enlarge petitioner no.1 on anticipatory bail. The prayer for anticipatory bail of the petitioner no. 1 is hereby rejected.
8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T