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Patna High CourtCR. MISC./61085/2021bail rejected

Rajesh Thakur @ Rajesh Kumar Thakur v. The State Of Bihar

2022-06-07Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61085 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== RAJESH THAKUR @ RAJESH KUMAR THAKUR Son of Late Balram Thakur Resident of Village- Gonai, P.S.- Habeli Kharagpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s:

Mr. A.G For Informant : Mr. Dhananjay Kumar Gupta, Advocate Mr. Rajiv Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-06-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the parties.

The petitioner seeks anticipatory bail in connection with Kharagpur P.S. Case No. 75/2021, registered for the offences under Sections 341, 323, 324, 379, 307, 504, 506 and 34 of the I.P.C. Learned counsel for the petitioner submits that there is a counter case lodged on behalf of the petitioner's side against the prosecution party and in fact the so-called injured Ritesh Kumar has no good character and at the time of alleged occurrence he forcefully took a minor relative of the petitioner inside his house which was resisted by this petitioner and his family members and during the course of resistance the said injured of this case accidently hit against

Patna High Court CR. MISC. No.61085 of 2021(2) dt.07-06-2022 2/2 a wall and sustained injury.

Learned counsel for the informant has opposed the prayer of anticipatory bail. It is submitted that against the petitioner process u/s 82 and 83 Cr. P.C. have been issued and there is serious allegation against him. I have heard both sides and perused the F.I.R. Injury report annexed to the petition. There is specific allegation against the petitioner and as per prosecution story he assaulted on the head of injured Ritesh Kumar and the said injury has been opined grievous and the case is under investigation.

Considering the above facts, petitioner does not deserve to anticipatory bail. Accordingly, his prayer of anticipatory bail stands rejected.

Petitioner is directed to surrender before Court below, if he surrenders within 25 days, then the Court below will decide his regular bail prayer without being prejudiced with this order. (Shailendra Singh, J) kamlesh/- U T