Hemant Kumar @ Hemant Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71846 of 2021 Arising Out of PS. Case No.-269 Year-2021 Thana- DAGARUA District- Purnia ====================================================== HEMANT KUMAR @ HEMANT THAKUR Son of Ravindra Thakur Resident of Village - Ekamba, P.S.- Jalalgarh, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case, in short, is that on the order of the petitioner, co-accused Abhay Kumar Thakur alias Shashi fired from his pistol upon the son of the informant, namely, Saroj Kumar Yadav. When the husband of the informant went to save his son, co-accused Abhay Kumar Thakur fired upon him also, as a result of which both of them sustained fire arm injuries and they were taken to the Hospital for treatment, where the son of the informant was declared

Patna High Court CR. MISC. No.71846 of 2021(2) dt.18-05-2022 2/2 dead.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be the order giver. There is no allegation of assault alleged against him. The allegation of assault is against the co-accused, namely, Abhay Kumar Thakur.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Dagaruwa P.S. case No.269/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T