Vikash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33849 of 2020 Arising Out of PS. Case No.-272 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== VIKASH THAKUR Son of KISHOR THAKUR Resident of Village - New Sipahi Tola, P.S.- K.Hat, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 307, 186, 353,, 504 and 506 of the Indian Penal Code and 45 of Bihar Prohibition and Excise Act, 2016.

The prosecution allegation, in short, is that the accused persons surrounded the vehicle carrying accused persons and threatened the police party and also assaulted them. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.33849 of 2020(2) dt.03-03-2021 2/2 has falsely been implicated in the present case. The name of the petitioner has transpired on the basis of disclosure made by coaccused. Except for this, there is no other substantive evidence to suggest his implication in the present case. As per the allegation, the petitioner is member of the unlawful assembly. No specific overt act is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Purnea in connection with K. Hat P.S. Case No. 272 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T