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Patna High CourtCR. MISC./1202/2024allowed

Dipesh Thakur v. The State Of Bihar

2024-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1202 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- BHEJA District- Madhubani ====================================================== 1.

Dipesh Thakur Son Of Laxmi Thakur Resident Of Village- Karhara, P.S.- Bheja, District- Madhubani 2.

Ramesh Thakur S/O Laxmi Thakur Village- Karhara, Ps. Bheja, Dist. Madhubani 3.

Mohan Thakur S/O Chandar Thakur @ Chano Thakur Village- Karhara, Ps. Bheja, Dist. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar Jha, Adv.

Mr. Ramchandra Jha Kumar, Adv.

Mr. Chandramohan Jha, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(B), 379, 448, 504 and 506 of the Indian Penal Code.

3. Allegation against the petitioners is that they along with other co-accused persons have assaulted the informant side and also tried to outrage the modesty of the informant.

Patna High Court CR. MISC. No.1202 of 2024(2) dt.07-02-2024 2/3

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. There is admitted land dispute between the parties. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter-case between the parties. Both sides have sustained grievous injuries. There is no specific overt act against the petitioners. Petitioner no.2 has also sustained grievous injury by informant side. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for bail of the petitioners.

6. Having regard to the facts and circumstances of the case, there is admitted land dispute between the parties and both sides have sustained grievous injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

Patna High Court CR. MISC. No.1202 of 2024(2) dt.07-02-2024 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bheja P.S. Case No.65 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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