Raushan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37872 of 2022 Arising Out of PS. Case No.-589 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== RAUSHAN THAKUR SON OF SATISH THAKUR R/O VILLAGEJOKAHA, P.S.- MANUAPOOL O.P., DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, A.P.P.
:
Mr. Rishab Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of one case, it is next submitted that the informant alleges that he forbade his cousin brother and own brother from indulging in an altercation, on which accused persons came and petitioner assaulted him by an iron khanti causing injury on head, Shiv Shankar assaulted by an iron rod causing injury on shoulder and arm and Chandan and Satish assaulted by lathi and iron rod.
Patna High Court CR. MISC. No.37872 of 2022(2) dt.02-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner was falsely implicated in the present case, it is next submitted that even the injury suffered by the injured is simple in nature, as such, petitioner never had any intention of committing a serious occurrence.
Learned A.P.P. for the State and the learned counsel for the informant opposes the prayer for anticipatory bail application of the petitioner.
Learned counsel for the informant submits that petitioner, during the course of investigation, was on police bail, as such, the present anticipatory bail application is not maintainable.
Learned counsel for the petitioner submits that petitioner was not on police bail nor the charge-sheet which has been submitted even reflects that petitioner in the initial stages had received the benefit of Section 41(A) of the CrPC Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.37872 of 2022(2) dt.02-12-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bettiah Muffasil Manuapool P.S. Case No. 589 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, in the event if the petitioner was on police bail or had got the benefit of Section 41(A) of the Cr.P.C, then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) HarshPandey/- U T