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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53783 of 2021 Arising Out of PS. Case No.-203 Year-2018 Thana- KHAJAULI District- Madhubani ====================================================== Arun Thakur @ Arun Kumar Thakur S/O Shivji Thakur R/O Village - Pali Mohan, P.S. - Khajauli, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Khajauli P.S. Case No. 203 of 2018, registered for the offence under Section 307 & other allied sections of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have assaulted Raushan Kumar Chaudhary and one Ram Kumar Chaudhary.

It is submitted on behalf of petitioner that there is case and counter case and petitioner has been falsely implicated in this case, since he was friend of co-accused Guddu Choudhary, who has lodged the counter case against the informant of this case and said Guddu Choudhary alongwith co-accused Babloo Choudhary and Subh Narayan Choudhary have already been

Patna High Court CR. MISC. No.53783 of 2021(2) dt.03-12-2021 2/2 granted anticipatory bail by this Court, vide order dated 19.04.2019 passed in Cr.Misc. No. 25448 of 2019 (Annexure 3). As per F.I.R. itself, co-accused Sunil Kumar Mukhiya is alleged to have assaulted Raushan Kumar Choudhary by farsa, who received grievous injury on his head, whereas petitioner did not assault him on his head and the doctor has also not found any injury on other parts of body of Raushan Kumar Choudhary. Petitioner is in custody since 01.03.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 3rd, Madhubani in connection with Khajauli P.S. Case No. 203 of 2018. (Prabhat Kumar Singh, J.) anay U T