Hariom Thakur @ Hariom Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54796 of 2021 Arising Out of PS. Case No.-72 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== 1.

HARIOM THAKUR @ HARIOM KUMAR Son of Rambalak Thakur Resident of Village - Singahi Inarwa Tole Madhopur, P.S.- Piprahi, District - Sheohar 2.

Rana Thakur Son of Rambalak Thakur Resident of Village - Singahi Inarwa Tole Madhopur, P.S.- Piprahi, District - Sheohar 3.

Rajkapoor @ Rajkapur Thakur Son of Rambalak Thakur Resident of Village - Singahi Inarwa Tole Madhopur, P.S.- Piprahi, District - Sheohar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

Learned counsel for the petitioners seeks permission of the Court to withdraw the present application in respect of petitioner nos. 1 and 3 as they have been taken into judicial custody.

The application is dismissed as withdrawn in respect of petitioner nos. 1 and 3.

Patna High Court CR. MISC. No.54796 of 2021(2) dt.28-02-2022 2/3 The petitioner no. 2 is apprehending his arrest in a case registered under Sections 307, 326, 324, 341, 34, 504 and 302 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the son of the informant due to which he sustained injury.

It has been submitted on behalf of the petitioner no. 2 that he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 2. The petitioner no. 2 has falsely been implicated in the present case. General and omnibus allegation has been made against petitioner no. 2. No specific overt act is alleged against petitioner no. 2. Specific allegation of assault is alleged against the co-accused namely Ram Balak Thakur who is alleged to have given a knife blow upon the deceased.

On behalf of the State, it is submitted that the petitioner no. 2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 2, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.54796 of 2021(2) dt.28-02-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No. 72/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T