Raj Kumar Thakur @ Mogal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58242 of 2022 Arising Out of PS. Case No.-1672 Year-2007 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== RAJ KUMAR THAKUR @ MOGAL THAKUR Son of Umakant Thakur Resident of Village-Tilwara Pachhiyari Tola, P.S.- Tajpur(Halai O.P), DistrictSamastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjay Kumar Thakur Son of Matuki Thakur Resident of Village- Tiswara Pachhiyari Tola, P.O.-Hari Lochanpur(Tiswara) P.S.- Tajpur(Halai O.P.), District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC. The allegation against the petitioner is that he along with other accused persons have brutally assaulted the informant's nephew with rod, bamboo and bricks, causing his death. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.58242 of 2022(2) dt.23-02-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that after investigation, police has filed final form against the petitioner, thereafter, a protest petition was filed and said protest petition was converted into Complaint case and accordingly cognizance has been taken against the petitioner and he has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.1672/2007, Tr. No.687/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.