Nibhash Thakur @ Nivas Thakur @ Nibash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37117 of 2020 Arising Out of PS. Case No.-173 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

NIBHASH THAKUR @ Nivas Thakur @ Nibash Thakur Son of Late Shyamdev Thakur R/O - Azad Nagar Tola, Karari Tintanga, P.S-Gopalpur, Dist.-Bhagalpur.

2.

Bibhash Thakur S/O Late Shyamdev Thakur R/O - Azad Nagar Tola, Karari Tintanga, P.S-Gopalpur, Dist.-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP For the informant :

Mr. Rajiv Ranjan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

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

The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 307, 302, 504, 506 and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons assaulted the brother of the informant due to which he died.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.37117 of 2020(2) dt.02-02-2021 2/2 the petitioners are in custody since 28.5.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation of assault is alleged against co-accused Subhash Thakur. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1st, Naugachia in connection with Gopalpur P.S. Case No. 173/2020.

(Sudhir Singh, J) Pankaj/- U T