Pankaj Kumar Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50932 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- GOPALPUR District- Bhagalpur ======================================================

1. Pankaj Kumar Thakur, Son of Late Rajendra Thakur,

2. Vandna Thakur, Wife of Pankaj Kumar Thakur, Both Resident of Village- Rangra, P.S.- Rangra, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar, Advocate Mr. Purushotam Sharma, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 452, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, the petitioners who are husband and wife along with their personal security broke open the door of the informant and indiscriminately fired in the night. Learned counsel for the petitioners submits that petitioners are having no criminal antecedent. They have been falsely implicated in this case due to trivial dispute. The case diary would reveal that no witnesses has supported the allegation that the petitioners had fired or

Patna High Court Cr.Misc. No.50932 of 2018(3) dt.20-11-2018 2/2 committed house trespass.

Learned counsel for the informant opposed the prayer for anticipatory bail on the ground that used cartridges were recovered from the place of occurrence and the witnesses have stated that they have heard the sound of firing. Considering the fact that there is no specific material regarding identity of perpetrator of the crime, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Gopalpur (Rangra) Police Station Case No.

210 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.