Rahul Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33815 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- SONEPUR District- Saran ====================================================== Rahul Thakur S/O Hira Thakur R/O Village- Sabalpur Chai Tola, P.O And P.S- Sonpur, Distt.- Saran.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Chandra Shekhar Singh For the Opposite Party :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sonpur P.S Case No. 238/2023 dated 01.04.2023 registered for the offence punishable u/s 147, 148, 149, 341, 448, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that all the accused persons along with the petitioner and 3-4 unknown persons armed with weapons entered the house of the informant and assaulted him and his family members.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.33815 of 2024(5) dt.06-09-2024 2/3 this case. The other co-accused persons have already been granted bail by this court vide order dated 02.08.2024 passed in Cr. Misc. No. 33094/2024. Learned counsel has submitted that there is no repetition of blow. It is further submitted that the injury is simple in nature caused by sharp cutting object. The petitioner has three criminal antecedents and he is on bail in all the aforesaid cases 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 by submitting that the specific allegation of inflicting knife blow is against the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, 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 satisfaction of the learned court concerned, Saran in connection with Sonpur P.S. Case No. 238 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further conditions:- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.33815 of 2024(5) dt.06-09-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) If the petitioner is found involved in any other criminal case in the future, his bail bond is liable to be cancelled.

7. The application stands allowed.

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