Dilip Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78676 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Dilip Thakur S/O Buddhiyar Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani 2.

Sudama Devi @ Sudha Devi W/O Manoj Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani 3.

Suneeta Devi W/O Dilip Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani 4.

Narayan Thakur S/O Binod Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani 5.

Sita Devi W/O Binod Thakur Village- Naruwar, Ward No. 4, Ps. Bhairavshthan, Dist. Madhubani 6.

Binod 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 11-12-2023 Learned counsel for the petitioners submits that the petitioner no. 3 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 3.

2. Permission is granted.

3. Accordingly, this application with regard to petitioner no. 3 is dismissed as withdrawn.

4. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for

Patna High Court CR. MISC. No.78676 of 2023(2) dt.11-12-2023 2/3 consideration of bail with regard to rest of the petitioners.

5. 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.

6. 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.

7. 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 against the petitioners. He submits that none of the independent witnesses have supported the case of the informant. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

8. Learned APP for the State opposes the prayer for bail.

9. 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

Patna High Court CR. MISC. No.78676 of 2023(2) dt.11-12-2023 3/3 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.

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