Babloo Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36282 of 2022 Arising Out of PS. Case No.-137 Year-2015 Thana- PIPRA District- East Champaran ====================================================== 1.

Babloo Thakur Son of Budhan Thakur Resident of Village - Pipra Bazar, P.S.- Pipra, District - East Champaran.

2.

Vicky Thakur @ Nepali Son of Budhan Thakur Resident of Village - Pipra Bazar, P.S.- Pipra, District - East Champaran. 3.

Chirkut Mian Son of Serajul Mian @ Titi Resident of Village - Pipra Bazar, P.S.- Pipra, District - East Champaran.

4.

Rayees Mian Son of Safik Mian Resident of Village - Pipra Bazar, P.S.- Pipra, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 After some arguments, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition with respect to petitioner No. 1.

The pre-arrest bail petition with respect to petitioner No. 1, Babloo Thakur, is dismissed as withdrawn with liberty to the petitioner to surrender and seek regular bail which would be disposed of on its own merit without being prejudice by this Court.

Petitioner Nos. 2, 3 and 4 apprehend arrest in a case registered for the offence punishable under Sections 147, 323, 324, 307 and other allied sections of Indian Penal Code. As per prosecution case, these petitioners came to the

Patna High Court CR. MISC. No.36282 of 2022(2) dt.07-11-2022 2/2 house of the informant, assaulted him and took away cash and some ornaments.

Learned counsel appearing for the petitioners submits that these petitioners are innocent and have falsely been implicated in this case. It is submitted that specific allegation of assault is against co-accused Babloo Thakur whereas, allegation made against petitioner Nos. 2, 3 and 4 is general and omnibus. The injury allegedly caused by these petitioners is found to be simple in nature by the doctor. There is case and counter case. Considering the aforesaid facts and circumstances, let petitioner Nos. 2, 3 and 4 in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in P. S. Case No. 137 of 2015, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T