Patna High CourtCR. MISC./1612/2023dismissed

Rakesh Thakur v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1612 of 2023 Arising Out of PS. Case No.-598 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAKESH THAKUR SON OF LATE RAMAKANT THAKUR R/O VILLAGE- KHAMHAR, P.S.- MUFFASIL, DISTRICT- BEGUSARAI. ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Begusarai Muffasil P.S. Case No.598 of 2020, registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

The petitioner and co-accused, Nikesh Thakur are said to have assaulted the informant by means of lathi and bamboo causing injury in his head.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition.

Patna High Court CR. MISC. No.1612 of 2023(2) dt.23-03-2023 2/2 It is further submitted that no occurrence, in the manner, as alleged in the FIR, ever took place.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the injury sustained by the informant is grievous in nature. Taking into consideration the nature of injury, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order of rejection. (Anjani Kumar Sharan, J) S.KUMAR/- U T