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Patna High CourtCR. MISC./42705/2021allowed

Arjun Thakur v. The State Of Bihar

2022-04-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42705 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== ARJUN THAKUR Son of Late Laxmi Thakur Resident of Village - Bariyarpur, P.S. - Warisnagar, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Warisnagar P.S. Case No.291 of 2020, registered for the offences punishable under Sections 307, 120B and 34 of the Indian Penal Code as well as under Section 27 of the Arms Act. Later on, Section 302 of the Indian Penal Code was added.

The petitioner and other co-accused persons are said to have fired upon the husband of the informant resulting into his death.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. It is submitted that merely on suspicion, the petitioner has been made accused in the present case. There is

Patna High Court CR. MISC. No.42705 of 2021(2) dt.11-04-2022 2/2 no eye witness of the occurrence. It is further submitted that similarly situated co-accused, Md. Jahangeer @ Md. Jahangir @ Jahangir Ansari has already been enlarged on anticipatory bail vide order dated 08.04.2022, passed in Cr. Misc. No.37737 of 2021.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having considered the fact that similarly situated coaccused person has already been enlarged on anticipatory bail by this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No.291 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T