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Patna High CourtCR. MISC./79536/2023allowed

Jagmohan Thakur @ Das Thakur @ Jagmohan Kumar Thakur v. The State Of Bihar

2023-12-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79536 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Jagmohan Thakur @ Das Thakur @ Jagmohan Kumar Thakur S/O Shivjee Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani. 2.

Vidyapati Thakur S/O Shivjee Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani.

3.

Shivjee Thakur S/O Budhiyar Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 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 Sections 341, 323, 353, 332, 307, 354, 504, 34 of the Indian Penal Code.

3. Petitioners along with 20-25 male and female persons are said to have abused and misbehaved with the informant. They also assaulted the police personnel.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act

Patna High Court CR. MISC. No.79536 of 2023(2) dt.14-12-2023 2/2 against the petitioners. He submits that none of the independent witnesses have supported the case of the informant. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 11.12.2023 passed in Cr. Misc. No. 78676 of 2023. 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 Bhairavshthan P.S. Case No. 79 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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