Dilip Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37726 of 2022 Arising Out of PS. Case No.-86 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== DILIP THAKUR SON OF LATE RAM DAS THAKUR R/O VILLAGEPOJHIA, P.S.- LALGANJ, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 379, 504, 427, 307, 506, 34 of IPC.

Allegedly, the petitioner alongwith other accused persons abused and assaulted the informant and his brother by means of deadly weapons. It is also alleged that co-accused Prashant Kumar took out Rs.2500/- from the pocket of informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.37726 of 2022(2) dt.22-11-2022 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter case between the parties. He further submits that both sides have sustained injuries and the injuries are simple in nature. Petitioner has three criminal antecedent.

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

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, 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 court below where the case is pending/Successor Court in Lalganj P.S. Case No.86 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T