Kishlay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77480 of 2019 Arising Out of PS. Case No.-865 Year-2019 Thana- ARARIA District- Araria ====================================================== KISHLAY THAKUR Son of Chandra Bodh Thakur Resident of Village - Shivpuri, P.S. and Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria P.S. Case no. 865 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation is that informant Nazis along with Md. Kaif and Danish proceeded in fair of Durgapuja and reached near Sani Temple then 4 to 5 persons, who were coming on motorcycle, dashed Md. Kaif, who fell down, when informant made protest, then Kishlay Thakur (Petitioner) inflicted knife blow on the head of the informant and coaccused Sushant snatched his writ watch and cash of Rs. 5000/- from his pocket.

Patna High Court CR. MISC. No.77480 of 2019(2) dt.08-01-2020 2/2 Learned counsel for the petitioner submits that, in fact, informant and his associates, in course of moving in Durga puja, were indulged in teasing the girls of the locality and when protest was made then Md. Kaif, associate of the petitioner, fell down, but with ulterior motive, the informant lodged the present case with false allegation. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 865 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T