Omprakash Thakur @ Omprakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67824 of 2022 Arising Out of PS. Case No.-322 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

OMPRAKASH THAKUR @ OMPRAKASH KUMAR S/O YOGENDRA THAKUR Resident of Village- Chalaha Aamwa Tola, P.S.- Banjariya, District- East Champaran Motihari.

2.

YOGENDRA THAKUR S/O KUMKUM THAKUR Resident of VillageChalaha Aamwa Tola, P.S.- Banjariya, District- East Champaran Motihari. 3.

ASHA DEVI W/O YOGENDRA THAKUR Resident of Village- Chalaha Aamwa Tola, P.S.- Banjariya, District- East Champaran Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366, 379, 504, 506/34 IPC. Allegedly, the wife of informant was kidnapped by the F.I.R. named accused persons including the petitioners. They are also alleged to have taken the ornaments and cash. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. Allegation leveled against the petitioners is general and omnibus in nature. It is submitted that wife of Munchun Thakur lodged

Patna High Court CR. MISC. No.67824 of 2022(2) dt.19-01-2023 2/2 the case against Anita Devi and her husband Bhagnarayan Choudhary (informant) vide Muffasil P.S. Case No.331/2021 on 25.06.2021 (Annexure-2 to the bail petition). Thereafter the present case was filed by the informant. It is further submitted that similarly situated co-accused namely Mukesh Kumar has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 24.03.2022 passed in Cr. Misc. No.66831 of 2021. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioners, be released on bail, in the event of their 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) 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 Muffasil P.S. Case No.322 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.