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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38415 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== 1.

SANJEEV THAKUR @ SANJEEV KUMAR THAKUR, Son of Late Raj Narayan Thakur @ late Ras Narayan Thakur @ Late Ras Narayan Resident of Village -Mehath, P.S. - Bhairab Asthan, District - Madhubani 2.

RANJEET THAKUR, Son of Laxmi Thakur Resident of Village - Sehat, P.S. - R.S. Shivir, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2021 Heard Mr. Ratanakar Jha, learned counsel for the petitioners and Ms. Anita Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Pandaul P. S. Case No. 28 of 2020, dated 09.02.2020, corresponding to C.R.I. No. 232 of 2020, instituted for the offences under Sections 25(1-b) a, 26, 35 and 37 of the Arms Act, 1959. The petitioner no. 1 is the maternal uncle of the informant. So far as the accusation of firing is

Patna High Court CR. MISC. No.38415 of 2020(6) dt.25-03-2021 2/3 concerned, it is on somebody else. The story narrated in the F.I.R. does not inspire confidence.

The petitioners are alleged to have pressurized the informant for participating in the business of liquor which he refused. On his refusal, one of the accused persons of this case namely, Umesh Kamati fired from his country-made pistol which did not hit him but the bullet passed by his earlobes.

It has also been submitted on behalf of the petitioner that the informant himself is a person of tainted background.

Considering the nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.38415 of 2020(6) dt.25-03-2021 3/3 Magistrate, Madhubani, in connection with Pandaul P. S. Case No. 28 of 2020, corresponding to C.R.I. No. 232 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

While saying so, this Court has also taken note of the fact that the petitioners do not have criminal antecedents.

(Ashutosh Kumar, J) skm/- U T