Ramsevak Thakur @ Gorakh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22367 of 2020 Arising Out of P.S. Case No.-294 Year-2019 Thana-MANIYARI District-Muzaffarpur ==========================================================================

1. Ramsevak Thakur @ Gorakh Thakur, Son of Late Ram Sakal Thakur, Resident of Village - Purushottampur, P.S. - Maniyari, District - Muzaffarpur, Bihar

2. Lalan Thakur, Son of Late Ram Sakal Thakur, Resident of Village - Purushottampur, P.S. - Maniyari, District - Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-08-2020 Heard Mr. Yashraj Bardhan, learned Advocate for the petitioners and Mr. Khurshid Anwar, learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Maniyari P.S. Case No. 294 of 2019 dated 15.10.2019 instituted for the offences under Sections 323, 324, 327, 353, 504, 506 and 34 of the Indian Penal Code.

It is alleged in the FIR which has been lodged by the investigating officer of one of the cases in which the petitioners are accused that he was misbehaved with by the petitioners.

Learned counsel for the petitioners has submitted that the occurrence is said to have taken place on 22.10.2019, but the case has been lodged only on 01.11.2019. This puts a big question mark on the correctness of the version of the police. There is a reason for falsely implicating the petitioners.

It has further been submitted that there was a demand for bribe in the two cases in which the petitioners have been falsely implicated and on refusal of the petitioners to oblige the informant as an investigating officer, the present case has been lodged. Regard being had to the nature of accusations against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of this order on their furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur (West) in connection with Maniyari P.S. Case No. 294 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) krishna/- U T