Kamod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45307 of 2022 Arising Out of PS. Case No.-108 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

KAMOD THAKUR Son of Late Ramakant Thakur Resident of Village - Sahila Rampur, P.S.- Hathauri, District - Muzaffarpur. 2.

Hari Om Thakur Son of Kamod Thakur Resident of Village - Sahila Rampur, P.S.- Hathauri, District - Muzaffarpur.

3.

Shubham Kumar Son of Kamod Thakur Resident of Village - Sahila Rampur, P.S.- Hathauri, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/ 323/ 324/ 325/ 448/ 307/ 354B/ 504/ 379/ 506/34 of the IPC.

As per the prosecution case, the F.I.R. named accused persons including the petitioners assaulted the informant's side. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not

Patna High Court CR. MISC. No.45307 of 2022(3) dt.23-01-2023 2/2 specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 05.09.2022 passed in Cr. Misc. No.13622 of 2022. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five 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 Hathauri P.S. Case No.108 of 2021 (G.R. No.1750/2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T