Dashrath Thakur @ Dasharath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29444 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Dashrath Thakur @ Dasharath Thakur S/o Late Sambhu Thakur R/o vill - Bilaspur, ward no. 18, P.S.- Ramnagar, Distt. - West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aaruni Singh, Adv For the Informant :

Mr. Sachidanandan Rai, Adv For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Ramnagar P.S Case No. 35 of 2024 dated 22.01.2024 registered for the offence punishable u/s 147, 149, 341, 323, 324, 342, 307, 379, 504 and 506 of the I.P.C. and Section 37 of Bihar Prohibition and Excise Act 2016.

3. As per the prosecution case, the informant was at his shop, all the five accused persons along with the petitioner under a plan were armed with iron-rod while two accused Shatrughan Thakur and Ajit Thakur had country made pistol in their hands. The co-accused Shatrughan Thakur asked where-

Patna High Court CR. MISC. No. 29444 of 2024(2) dt.22-04-2024 2/3 about the informant's father and threatened to kill the informant's father and started abusing. The co-accused Shatrughan Thakur hit on the informant's head with country made pistol while the co-accused Ajit thakur hit the informant with iron rod on his shoulder, the co-accused Suman Thakur and Dashrath Thakur took away Rs. 43,000/- from the Galla (money counter) while the co-accused Manish Pandey took away important documents and a gold chain worth Rs. 80,000/- along with four silver coins from the money counter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No. 29444 of 2024(2) dt.22-04-2024 3/3 satisfaction of the learned court concerned, West Champaran in connection with Ramnagar P.S Case No. 35 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T