← Library
Patna High CourtCR. MISC./49646/2017allowed

Arbind Thakur v. The State Of Bihar

2017-11-29Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.49646 of 2017 (3) dt.29-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49646 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arbind Thakur son of Ram Baboo Thakur, Resident of Village- Hira Chapa, Police Station- Adapur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Sri Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Adapur Police Station Case No. 216 of 2016, disclosing offences under Sections 377, 379, 341, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. As a matter of fact, the specific allegation is leveled against the co-accused, Abhishek Thakur, who has already been acquitted by the trial court. Moreover, the parties has compromise the dispute and to that effect a compromise petition has also been filed in the trial court, which

Patna High Court Cr.Misc. No.49646 of 2017 (3) dt.29-11-2017 is evident from annexure-2. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran), in connection with Adapur Police Station Case No. 216 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T