Pramesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45500 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.
Pramesh Thakur Son of Late Babunand Thakur R/O Village- Bhasopur, P.S.- Bajpatti, District- Sitamarhi 2.
Ramesh Thakur Son Of Late Babunand Thakur R/O Village- Bhasopur, P.S.- Bajpatti, District- Sitamarhi 3.
Dinesh Thakur Son Of Late Babunand Thakur R/O Village- Bhasopur, P.S.- Bajpatti, District- Sitamarhi 4.
Lalo Thakur @ Lalbabu Thakur Son Of Late Raja Thakur R/O VillageBhasopur, P.S.- Bajpatti, District- Sitamarhi 5.
Chhedi Thakur Son Of Late Raja Thakur R/O Village- Bhasopur, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP For the Informant :
Mr. Mahendra Thakur, Advocate Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos. 1 and 2.
Permission is accorded.
The petitioner nos. 3, 4 and 5 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 447, 324, 307, 354B, 379, 504 and 34 of the Indian Penal
Patna High Court CR. MISC. No.45500 of 2022(2) dt.22-12-2022 2/3 Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that the accused persons, including the petitioners, obstructed him in construction of his house and on protest, Pramesh Thakur assaulted by an iron rod causing injury on his head, further accused persons assaulted his family members and petitioner nos. 2 and 4 disrobed his wife and sister-in-law and also took away some valuables from the house. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that there is no specific allegation against petitioner nos. 3 and 5 and as far as allegation against petitioner no.4 is alleged, the same is general and omnibus in nature and has been alleged only with a view to give serious color to the case, it is further submitted that one of the injuries which was found grievous on the body of the informant was not on account of any assault made by these petitioners.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.45500 of 2022(2) dt.22-12-2022 3/3 counsel for the petitioners, the petitioner nos. 3, 4 and 5, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bajpatti P.S. Case No. 101 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T