Niraj Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6646 of 2024 Arising Out of PS. Case No.-532 Year-2023 Thana- ARARIA District- Araria ====================================================== Niraj Thakur S/O- Parmeshwar Thakur Village- Diyari, Ward No. 9, P.S. Araria, Dist. Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Araria P.S. Case No. 532 of 2023 instituted for the offences under Sections 147, 148, 149, 447, 341, 323, 307, 302, 379, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, all the accused persons including the petitioner have assaulted the Informant and his family members. It is also alleged that one co-accused/Kamal Thakur has assaulted the Informant's father on his head by means of iron rod resulting into his death.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.6646 of 2024(2) dt.16-02-2024 2/3 present case. There is no specific allegation of any assault against the petitioner rather the same is general and omnibus in nature. The specific allegation of assault is against co-accused Kamal Thakur causing serious injury on the head of the father of the Informant who died in course of treatment. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. He further submits that the coaccused viz. Amar Thakur @ Amar Kumar Thakur, Pankaj Kumar Thakur @ Pankaj Thakur, Ram Prasad Thakur, Sheela Devi and Rajamani Devi (petitioners in Cr. Misc. 75794 of 2023) and Parvati Devi, Doli Devi and Sarnu Thakur (petitioners in Cr. Misc. No. 75829 of 2023) have been granted anticipatory bail by a Co-ordinate Bench of this Court vide common order dated 29.11.2023. Moreover, the petitioner is languishing in judicial custody since 19.06.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account the petitioner having no criminal antecedent as also the nature of allegation being simple and omnibus, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.6646 of 2024(2) dt.16-02-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria P.S. Case No. 532 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T