Radheraman Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61803 of 2018 Arising Out of PS. Case No.-213 Year-2012 Thana- SANGRAMPUR District- East Champaran ======================================================

1. Radheraman Thakur, S/o- Murli Thakur,

2. Finku Singh @ Minkku Singh @ Mikku, S/o- Vishwanath Singh,

3. Mukesh Thakur, S/o- Anutha Thakur, All are R/o- Vill.- Uttari Bhawanipur, P.S. - Sangrampur, District- East Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 332, 224 and 307 of the Indian Penal Code. The prosecution case as per the written report of Mahendra Paswan, dated 14.12.2012, submitted to the Station House Officer, Sangrampur Police Station is to the effect that the informant arrested one Rambinay Thakur in connection with a complaint made by learned CJM, East Champaran and handed him over to Hawaldar Dularchand Mahto, Sepoy, Mishrilal

Patna High Court Cr.Misc. No.61803 of 2018(2) dt.06-10-2018 2/3 Baitha and local Chaukidar, Lal Bachchan Hazra and thereafter proceeded to arrest other accused and when he returned, he found that apprehended accused Rambinay Thakur got himself released with the assistance of 50-60 people, which was conveyed to the informant by the Hawaldar.

It is submitted by learned counsel for the petitioners that after thorough investigation, the police found the accusation against the petitioners false and did not send the petitioners for trial, but differing with the final form, cognizance has been taken against the petitioners. A statement has been made in paragraph no.3 of the petition that petitioner no.1 is involved in other case also, whereas petitioner nos. 2 and 3 are having no criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR with specific accusation. Considering the fact that on conclusion of investigation, the accusation against the petitioners was not found true, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, XIV, East Champaran, Motihari in connection with Sangrampur P.S.

Patna High Court Cr.Misc. No.61803 of 2018(2) dt.06-10-2018 3/3 Case No. 213 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T