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Patna High CourtCR. MISC./25910/2020allowed

Ashok Thakur v. The State Of Bihar

2021-01-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25910 of 2020 Arising Out of PS. Case No.-299 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Ashok Thakur S/o Late Sukhdev Thakur Resident of Tribhuvan Tola, P.SMuffasil (Khagaria), District-Khagaria. 2.

Umesh Thakur S/o Late Sukhdev Thakur Resident of Tribhuvan Tola, P.SMuffasil (Khagaria), District-Khagaria. 3.

Kishor Thakur S/o Late Sukhdev Thakur Resident of Tribhuvan Tola, P.SMuffasil (Khagaria), District-Khagaria. 4.

Awadhesh Thakur S/o Late Sukhdev Thakur Resident of Tribhuvan Tola, P.S-Muffasil (Khagaria), District-Khagaria.

5.

Lalan Kumar S/o Kishore Thakur Resident of Tribhuvan Tola, P.S-Muffasil (Khagaria), District-Khagaria.

6.

Nitish Kumar S/o Kishore Thakur Resident of Tribhuvan Tola, P.S-Muffasil (Khagaria), District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-01-2021 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Muffasil P.S. Case No. 299 of 2016 for the offence under sections 341, 323, 324, 379, 307, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

It is alleged that the petitioners have assaulted the informant. There is absolutely no motive for assaulting the informant and his family. No reason was assigned in the FIR.

Patna High Court CR. MISC. No.25910 of 2020(3) dt.11-01-2021 2/2 Learned counsel submits that the allegation is general and omnibus. The petitioners are only members of the assembly who allegedly assaulted the informant and his family. The parties are co-villagers.

Considering the aforesaid facts and circumstances, the Court is inclined to grant anticipatory bail to the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of Smt. Pallavi Anand, Judicial Magistrate-1st Class, Khagaria, in connection with Muffasil P.S. Case No. 299 of 2016 subject to the condition that the petitioners shall deposit Rs. 25000/- each cash to the court below and the amount of Rs. 25000/- each deposited by the petitioners shall abide by final outcome of the pending criminal case with further condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T