Ajit Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27093 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Ajit Thakur Son Of Ram Thakur Resident Of Village - Badhauna, P.S. - Pakribarawan, Distt. - Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vitesh Kumar Singh For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 and other allied sections of the Indian Penal Code. As per the prosecution case, while the husband of informant was returning home, 7 FIR named accused persons including petitioner armed with lathi, danda assaulted the husband of informant, who subsequently died on the way to hospital. The accused persons were seen fleeing away from the place of occurrence.
It is submitted that from bare perusal of FIR it is apparent that informant is not eye-witness of the occurrence. Petitioner along with others were only seen fleeing away from
Patna High Court CR. MISC. No.27093 of 2023(2) dt.07-07-2023 2/2 the place of occurrence and no one has seen him committing the offence. Similarly situated co-accused Rajesh Kumar has been granted anticipatory bail by a Coordinate Bench of this court vide order dated 24.05.2023 passed in Cr. Misc. No. 16878 of 2023.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Nawada in connection with Pakribarawan P.S. Case No. 392 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T