San Thakur @ Sanjay Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37347 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- KASMA District- Aurangabad ====================================================== 1.
San Thakur @ Sanjay Thakur Son of Late Rampati Thakur @ Sardari Thakur 2.
Chandan Thakur Son of San Thakur @ Sanjay Thakur 3.
Doman Das Son of Late Ganpat Ram 4.
Devraj Paswan Son of Late Badeshwar Paswan 5.
Udit Paswan Son of Pandit Paswan Above all are Resident of Village - Naraich, P.S.-Kasma, DistrictAurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 353, 354, 504, 506, 153A, 120B of the IPC in connection with Kasma P.S. Case No.37 of 2024.
3. The learned counsel for the petitioners submit that petitioner no.1,3 & 4 have antecedent of one case and petitioner no.2 and 5 are persons with clean antecedent and have been falsely implicated in the instant case by the informant, with an
Patna High Court CR. MISC. No.37347 of 2024(2) dt.02-07-2024 2/3 allegation that while informant on duty in a disputed cemetery at around 7.30 PM when 40-45 women of one community came and informed about stone pelting being done by females of another community, in the meantime the women of the other community arrived when males of both the communities started pelting stones over each other.
4. Further in the occurrence the miscreants also misbehaved with the police officials and lady constables and 59 persons were identified by the local 'Chowkidar', accordingly the instant FIR was instituted against 50-60 unknown persons along with 59 named accused persons. The learned counsel submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.37347 of 2024(2) dt.02-07-2024 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Kasma P.S. Case No.37 of 2024., subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T