Kamlesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48786 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== Kamlesh Thakur Son of Madan Thakur Resident of Village - Prithvinagar, P.S.- Janta Bazar, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Janta Bazar P.S. Case No. 71 of 2019, registered under Sections 461, 379, 120-B and 34 of the Indian Penal Code. The allegation against the petitioner, as per the F.I.R, is that informant after withdrawing a sum of Rs.5,72,000/- from Punjab National Bank, was returning to his house after keeping the amount in the dicky of the motorcycle. He was being followed by petitioner and others till the informant reached the house and when he parked his motorcycle in the varandah and went inside the house to take water, villagers made halla that somebody was breaking the dicky of the motorcycle and upon chase, informant saw that the petitioner along with three others

Patna High Court CR. MISC. No.48786 of 2019(2) dt.06-08-2019 2/3 were fleeing after taking the money.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in a highly improbable case, inasmuch as petitioner as well as informant are next door neighbour and there was a previous enmity between the parties inasmuch as the informant and father of the co-accused Vikas Thakur were the candidates for Mukhiya in the panchayat election and the petitioner supported father of the co-accused. Learned counsel further submits that no material has come to connect the petitioner with this offence and further nothing has been recovered from the possession of the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that both parties are neighbours and as per the allegation the petitioner and covillagers followed the informant but the informant did not raise alarm, as such, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Saran, in connection with

Patna High Court CR. MISC. No.48786 of 2019(2) dt.06-08-2019 3/3 Janta Bazar P.S. Case No. 71 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Rahul/- U T