Lokesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80815 of 2018 Arising Out of PS. Case No.-98 Year-2009 Thana- JHANJHARPUR District- Madhubani ====================================================== Lokesh Kumar Thakur, son of Shri Chandra kant Thakur, resident of Village - Sisauni, P.S. Rudrapur, Dist. Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Jhanjharpur P.S. Case No. 98 of 2009, corresponding to G.R.No. 1088 of 2009, registered for the offences punishable under Sections 147, 148, 149, 307, 333, 132, 133, 427, 435, 436, 380, 504, 506 of the Indian Penal Code and Sections 3/4 of Damage of Public Property Act.

Allegation as per FIR is that due to the accident a large number of miscreants variously armed damaged the police vehicle, pelted stones on the police party and tried to snatch arms from the police personnel. Petitioner is not named in the FIR and later on his name transpired during course of investigation and the case is of the year 2009.

Submission of learned counsel for the petitioner is that the petitioner is studying outside the State and as such he has no knowledge about the same and no specific allegation has been

Patna High Court CR. MISC. No.80815 of 2018(5) dt.29-04-2019 2/2 attributed against him and as such he may be granted the privilege of anticipatory bail and he will abide any condition that may be imposed on him.

Heard learned APP also.

Having heard both sides and from perusal of the record it appears that his name transpired during investigation and his prayer for anticipatory bail was earlier refused by the court below vide order dated 16.11.2017 but he did not choose to file anticipatory bail application before this Court till 31.12.2018 and as such considering the conduct of the petitioner, I am not inclined to grant the privilege of anticipatory bail to him. However, if the petitioner surrenders within a period of six weeks and pray for regular bail, the same shall be considered on the basis of materials available on the record and without being prejudiced by this order and, if possible, to be disposed of on the same day.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T