Rakesh Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37109 of 2025 Arising Out of PS. Case No.-39 Year-2012 Thana- Chakmesi District- Samastipur ====================================================== Rakesh Kumar Thakur S/o Shivchandra Thakur R/o Village- Sormar, P.S.- Chakmehsi, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Chakmehsi P.S. Case No. 39/2012 (T.R. No. 270/2024) dated 01.05.2012 registered for the offence punishable u/s 341, 323, 307 and 504 read with 34 of the Indian Penal Code.
3. As per the prosecution case, on 01.05.2012, when the informant was returning from his field, the petitioner and the co-accused persons surrounded him and started abusing the informant. In the meantime, the petitioner assaulted on the head of the informant with garasa, causing head injury and the coaccused Puchchi Thakur @ Santosh Thakur assaulted the
Patna High Court CR. MISC. No.37109 of 2025(2) dt.02-07-2025 2/3 informant with bamboo on his back causing injury.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the impugned order, the doctor has found sharp cut wound on left parietal scalp 3" scalp deep on the body of the injured which shows that the proper dimension of the injury is not mentioned. It is further submitted that there is no repetition of blow. The petitioner has no criminal antecedent 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 assault is against the petitioner.
6. Considering the aforesaid facts and circumstances of the case, 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, Samastipur in connection with Chakmehsi P.S. Case No. 39/2012, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.37109 of 2025(2) dt.02-07-2025 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T