Ram Umed Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58866 of 2021 Arising Out of PS. Case No.-250 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== Ram Umed Thakur S/o- Ramvilash Thakur Resident of Village- Lakhanpur, P.S.- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Katra PS case no. 250 of 2020 instituted for the offences punishable under Sections 307, 323, 341, 379, 504/34 of Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having arrived at the door of the house of the informant, whereafter co-accused person namely Ravi Thakur is alleged to have given iron rod blow on the head of the informant as also on the person of the father of the informant when he had arrived there to save his son, resulting in the informant receiving various injuries.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.58866 of 2021(2) dt.29-03-2022 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 28.06.2021. The learned counsel for the petitioner has further submitted that a bare perusal of the F.I.R. would show that as far as the petitioner is concerned, no allegation of any sort of specific over act has been levelled and the specific allegation of assaulting the informant by iron rod is upon the co-accused person namely Ravi Thakur, hence the petitioner has got no role to play in the alleged incident. It is also submitted that though the incident has taken place in the night of 04.11.2020, but the F.I.R. has been filed belatedly only on 10.11.2020, hence false implication of the petitioner cannot be ruled out.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has not been alleged to have engaged in any sort of overt act and moreover, he is having a clean antecedent and is languishing in custody since 28.06.2021, I deem it fit and proper to admit the

Patna High Court CR. MISC. No.58866 of 2021(2) dt.29-03-2022 3/3 petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of J.M. 1st class, Muzaffarpur in connection with Katra PS case no. 250 of 2020. (Mohit Kumar Shah, J) rinkee/- U T