Siyachand Thakur @ Siyachandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57136 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== SIYACHAND THAKUR @ SIYACHANDRA THAKUR S/o- Late Chalitra Thakur @ Ram chaditra Thakur R/o Village- Parsauni, P.S.- Bairagania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bairgania PS case no. 93 of 2021 instituted for the offences punishable under Section 354(B) and other allied sections of the Indian Penal Code.

The case of the prosecution, in brief, is that the accused persons including the petitioner being armed with various weapons, are alleged to have entered the house of the informant on 05.05.2021 at about 11 O'clock in the night, wherafter they had tried to outrage the modesty of the informant and then, they had fled away.

The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.57136 of 2022(2) dt.20-01-2023 2/3 that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 19.07.2022. The learned counsel for the petitioner has further submitted that co-accused persons have already been granted the privilege of anticipatory bail/ bail vide orders dated 24.05.2022 and 13.04.2022, passed in Cr. Misc. no. 58300 of 2021 and Cr. Misc. no. 59182 of 2021, respectively by co-ordinate Benches of this Court apart from the fact that the petitioner is a 78 years old person.

Per contra, the learned APP 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 parity of the case of the petitioner with that of the co-accused persons who have already been granted anticipatory bail/ bail by co-ordinate Benches of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.57136 of 2022(2) dt.20-01-2023 3/3 amount each to the satisfaction of learned court of Additional District and Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Bairgania PS case no. 93 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T