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Patna High CourtCR. MISC./72020/2022allowed

Sanjay Kumar Thakur v. The State Of Bihar

2023-03-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72020 of 2022 Arising Out of PS. Case No.-1445 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1.

SANJAY KUMAR THAKUR Son of Sobha @ Sobha Thakur R/VMayapur, P.S- Bahera, Dist- Darbhanga 2.

Lalit Mohan Prasad Son of Kamal Narayan Mahto R/V- Mayapur, P.SBahera, Dist- Darbhanga 3.

Navin Kumar Sharma @ Navin Kumar Thakur Son of Sobha @ Sobha Thakur R/V- Mayapur, P.S- Bahera, Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahesh Kumar Son of Yugeshwar Mahto R/V- Baghath, P.S-Manigacchi, Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 324, 341 and 384 of the Indian Penal Code pending in the learned court below.

All the accused persons surrounded to the complainant and demanded extortion from the complainant and on refusal they began to blow, kick him. Thereafter, Tulsi Das taken vallet on point of knife and taken money from him. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.72020 of 2022(2) dt.17-03-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is specific overt act against the Tulsi Das and others who have already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 23.08.2021 passed in Cr. Misc. No.9057 of 2021. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.1445 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T