Aditya Kumar Thakur @ Belwa @ Aditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49068 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== ADITYA KUMAR THAKUR @ BELWA @ ADITYA KUMAR Son of Suryanarain Thakur Resident of village-Beli, P.S.-Dumra, District-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
Ms. Divya Bharti, Adv.
For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in a case in connection with Sursand P.S. Case No. 170 of 2023 dated 02.04.2023 registered for the offence/s punishable u/ss 323, 279, 387, 504 and 506 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons along with 10-12 unknown persons are alleged to have abused the informant and the petitioner took out the pistol and threatened to kill him on the issue of liquor.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.49068 of 2023(3) dt.11-01-2024 2/2 that the petitioner has falsely been implicated in this case due to dirty politics. The allegation against the petitioner is of threatening the informant. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has four other criminal antecedents as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi in connection with Sursand P.S. Case No. 170 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T