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Patna High CourtCR. MISC./82600/2023allowed

Rinku Thakur @ Rikki Thakur @ Rikki Kumar Thakur v. The State Of Bihar

2024-01-12Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82600 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

Rinku Thakur @ Rikki Thakur @ Rikki Kumar Thakur Son Of Umesh Thakur R/O Village- Raghunathpur, P.S.- Bhawanipur, District- Purnia. 2.

Sonu Kumar Mishra Son Of Manoj Mishra R/O Village- Raghunathpur, P.S.- Bhawanipur, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Bhawanipur P.S. Case No. 184 of 2023 for the offences registered under Sections 143, 147, 149, 188, 341,323, 325, 333, 353, 307, 427, 379, 504, 506 of the Indian Penal Code and Sections 3, 4 of Bihar Medical Service Institution and Person Protection Act, 2011.

3. As per the prosecution case, the petitioner and other co-accused persons named in the F.I.R. along with 70-80 unknown persons assembled at the Community Health Centre and damaged the property and assaulted the informant (Doctor)

Patna High Court CR. MISC. No.82600 of 2023(2) dt.12-01-2024 2/3 causing injury to him and also snatched his golden chain and taken away Rs. 2,500/-.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against all the F.I.R. named accused persons including the petitioners. No specific role has been assigned against the petitioners. Injury suffered by the informant is simple in nature. It is further submitted that similarly situated co-accused persons, namely, Pankaj Kumar Gupta @ Pampam and Rahul Kumar have been granted bail by co-ordinate Benches of this Court, vide order dated 02.01.2024 passed in Cr. Misc. No. 83170 of 2023 and order dated 08.11.2023 passed in Cr. Misc. No. 71065 of 2023 respectively. Petitioner has no criminal antecedent. He is in custody since 25.07.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.82600 of 2023(2) dt.12-01-2024 3/3 learned concerned Court where the case is pending in connection with Bhawanipur P.S. Case No. 184 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T