Vinay Thakur @ Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74701 of 2023 Arising Out of PS. Case No.-569 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Vinay Thakur @ Vinay Kumar, aged about 25 years, Male, Son of Bhim Thakur, Resident of Diya Par Meshwar, P.S. Brahmpur, District- Buxar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajit Kumar, Advocate For the Opposite Party :
Mr. Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Brahmpur P.S. Case No. 569 of 2022 dated 01.08.2022 registered for the offences punishable under Sections 341, 323, 354B, 307, 504 and 506/34 of the I.P.C.
4. As per the prosecution case, the petitioner and other accused persons are alleged to have assaulted the informant with hockey sticks and butt of katta.
Patna High Court CR. MISC. No.74701 of 2023(2) dt.06-12-2023 2/3
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of assault upon the informant is against the co-accused Ajay Thakur by means of katta and the injury was found to be grievous in nature. The co-accused Rahul Thakur has already been granted anticipatory bail by another Coordinate Bench of this Court vide Cr. Misc. No. 21959 of 2023 under order dated 27.06.2023, annexed as Annexure-2 to the bail application. It is further submitted that the alleged occurrence has taken place on the spur of the moment. The petitioner has been made accused in the present case due to dirty village politics. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the
Patna High Court CR. MISC. No.74701 of 2023(2) dt.06-12-2023 3/3 event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with Brahampur P.S. Case No. 569 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T