Avinash Thakur @ Awnish Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1631 of 2022 Arising Out of PS. Case No.-30 Year-2020 Thana- MORO District- Darbhanga ====================================================== GULSHAN THAKUR Son of Ram Naresh Thakur Resident of VillageBishanpur, P.S.- Moro, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1736 of 2022 Arising Out of PS. Case No.-30 Year-2020 Thana- MORO District- Darbhanga ====================================================== AVINASH THAKUR @ AWNISH THAKUR Son of Ram Naresh Thakur Resident of Village - Bishanpur, P.S.- Moro, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1631 of 2022) For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Murli Dhar (In CRIMINAL MISCELLANEOUS No. 1736 of 2022) For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Moro P.S. Case no. 30 of 2020 instituted for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 354,

Patna High Court CR. MISC. No.1631 of 2022(3) dt.24-08-2022 2/3 379, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, while the daughter-inlaw had gone for natures call, petitioner and one Gulshan Thakur arrived there and drove her towards darwaja and tried to outrage her modesty. They snatched her valuable belongings. Thereafter, all the accused persons, armed with deadly weapons, started to assault the informant and other family members as a result of which they sustained injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Both parties are next door neighbor. Land dispute is going on between them. Members of prosecution side have also sustained injuries. There is case and counter case. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Moro P.S. Case no. 30 of 2020, they will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.1631 of 2022(3) dt.24-08-2022 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U