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Patna High CourtCR. MISC./38906/2023allowed

Anil Thakur @ Anil Kumar Thakur v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38906 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ANIL THAKUR @ ANIL KUMAR THAKUR son of Gauri Shankar Thakur Village- Bairiya Ps- Sahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the State of Bihar :

Mr. Md. Ataur Rahman For the Informant :

Mr. Dhananjay Kumar Tiwary Mr. Priyush Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302/120(B) of the Indian Penal Code and Sections 25(1b)a, 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, the petitioner is said to have made indiscriminate firing upon the informant party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that it is apparent that the allegation of firing has been attributed to

Patna High Court CR. MISC. No.38906 of 2023(2) dt.31-07-2023 2/2 this petitioner against a Fish Businessman, but no injury has been found during course of investigation and even his statements under Section 161 of Cr.P.C., has never been recorded. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Sahebganj P.S. Case No. 72 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T