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Patna High CourtCR. MISC./45495/2021allowed

Chandan Thakur v. The State Of Bihar

2022-04-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45495 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Chandan Thakur S/O Chandradeep Thakur R/O Village- Bhairwar, P.S.- Muffasil (Lakho O.P.), Distt.- Begusarai 2.

Ram Shankar Thakur @ Ram Shankar Kumar S/O Chandradeep Thakur R/O Village- Bhairwar, P.S.- Muffasil (Lakho O.P.), Distt.- Begusarai 3.

Rohit Thakur S/O Chandradeep Thakur R/O Village- Bhairwar, P.S.- Muffasil (Lakho O.P.), Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary For the Informant Mr. Vijya Laxmi Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2022 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 342, 379, 308 and 506/34 of the Indian Penal Code.

It is alleged that all the accused persons surrounded the informant and on the order of petitioner no.3 Rohit Thakur,

Patna High Court CR. MISC. No.45495 of 2021(2) dt.15-04-2022 2/3 co-accused, Chandradeep Thakur assaulted the informant with sharp cutting weapon on his neck and chest.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in this case. He submits that specific allegation is against co-accused Chandradeep Thakur and the allegation against the petitioners is general and omnibus. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP and learned counsel for the informant submit that the informant's side has received injuries on the vital part but fairly submit that allegation against the petitioners is general and omnibus.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No. 54 of 2021, subject to the condition as laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.45495 of 2021(2) dt.15-04-2022 3/3 Cr.P.C.

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