Anish Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72001 of 2021 Arising Out of PS. Case No.-288 Year-2019 Thana- BISFI District- Madhubani ====================================================== 1.
ANISH KUMAR THAKUR SON OF DILIP THAKUR R/O VILLAGERAGHOULI, P.S- BISFI DIST- MADHUBANI 2.
DILIP THAKUR SON OF SHYAM NAND THAKUR R/O VILLAGERAGHOULI , P.S- BISFI DIST- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 324, 326, 307, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner no.1 is a young boy of 21 years, petitioner no. 2 is a senior citizen and are persons with clean antecedent and the informant alleges that on 17.09.2021 at about mid-night, when informant's brother was sitting on his motorcycle, Manish came and asked for the keys of the motorcycle and on questioning he disclosed that he intends to bring liquor, hence the brother of the
Patna High Court CR. MISC. No.72001 of 2021(2) dt.02-08-2022 2/3 informant refused to part with the motorcycle, it is next alleged that thereafter the accused persons came and Dilip Thakur gave orders to kill on which Anish Thakur and Barun Thakur held the victim and Manish Thakur assaulted him repeatedly with knife causing injury and he fell unconscious and thereafter it is alleged that petitioner no. 1 also snatched Rs. 1,500/- from the victim's pocket, it is further alleged that Barun Thakur has antecedent of several cases and Manish Thakur has grievously injured the victim.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, the petitioner no. 2 has been implicated by alleging that it was on his order that petitioner no. 1 and Barun Thakur held the victim and Manish Thakur gave repeated blows of knife causing injuries, it is further submitted that as far as allegation of assault is alleged that specifically is against Manish Thakur and the allegation of snatching Rs. 1,500/- from victim's pocket is ornamental, it is next submitted that there is a delay of nine days in instituting the FIR without any plausible explanation. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.72001 of 2021(2) dt.02-08-2022 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Bisfi P.S. Case No. 288 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T