Vijay Thakur @ Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63307 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.
Vijay Thakur @ Vijay Kumar Son Of Kuber Lal Thakur @ Kuber Thakur R/O Kumhiya Mandir Tola, Ward No. 12, P.S. - Bahadurganj, Distt. - Kishanganj 2.
Amit Thakur @ Amit Son Of Arjun Thakur R/O Kumhiya Mandir Tola, Ward No. 12, P.S. - Bahadurganj, Distt. - Kishanganj 3.
Vinay Thakur @ Vinay Kumar Son Of Kuber Lal Thakur @ Kuber Thakur R/O Kumhiya Mandir Tola, Ward No. 12, P.S. - Bahadurganj, Distt. - Kishanganj 4.
Kuber Thakur @ Kuber Lal Thakur Son Of Late Palamu Thakur R/O Kumhiya Mandir Tola, Ward No. 12, P.S. - Bahadurganj, Distt. - Kishanganj 5.
Arjun Thakur @ Arjun Lal Thakur Son Of Late Palamu Thakur R/O Kumhiya Mandir Tola, Ward No. 12, P.S. - Bahadurganj, Distt. - Kishanganj 6.
Ajay Thakur @ Ajay Son Of Kuber Lal Thakur @ Kuber Thakur R/O Kumhiya Mandir Tola, Ward No. 12, P.S. - Bahadurganj, Distt. - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 302 of the Indian Penal Code.
3. Petitioners are said to have assaulted the informant and his father as a result of which father of the informant died.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.63307 of 2023(2) dt.19-10-2023 2/2 the petitioners are innocent and have been falsely implicated in this case. He submits that there is specific allegation against coaccused Hemant Thakur. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that these petitioners were not present at the scene of occurrence nor they committed any offence with the deceased and he died due to heat stock. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Bahadurganj P.S. Case No. 234 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T