In,

The Court of District & Sessions Judge

Muzaffarpur.

A.B.P. No.- /2021

Ref:- Motipur Ps. Case No. 197/2021 U/S 400, 414, 120(B)/34

I.P.C. and 25(1-B)a/26/35 Arms pending in the Court of

A.C.J.M 2nd West, Muzaffarpur.

1. Madan Thakur, S/o- Late. Harinandan Thakur, Aged

about- 50 yrs., R/o Village- Noonfara, P.S.- Piar, Dist-
Muzaffarpur, Mobile- 9162662026
--------------------------- Petitioner
Vrs
State of Bihar -------------------------- O.P.
The humble petition for
anticipatory bail on behalf of
above named petitioner most
respectfully.
Sheweth :-
1. That this is an anticipatory bail petition filed on behalf of above
named petitioner because he apprehends his arrest.
2. That petitioner has not moved for bail before this court or before any
Superior Court earlier in any form and an affidavit in support of
above noted fact is being attached herewith.
3. That prosecution case in short is that S.H.O. of Motipur P.S. who is
informant of this case stated in his written Fardbyan that on 21-06-21
at about 06:00 A.M. on secret information that a gang of dacaits with
a looted Bolero for sale is passing through N.H. 28 fourlane from
Motihari side near Panapur and after relay this to higher Police
officers stated checking near Balmi Chowk. He further added that
after five minutes a Bolero Pick-Up was seen coming from
Muzaffarpur side and ahead that a white Scorpio with invisible
number plate was running and on signal to stop driver of Scorpio
turned down towards Muzaffarpur and stopped the Bolero Pick-Up in
which five persons were present on inquiry told their names Umesh
Sahni sitting on driver seat, Pappu Sah, Raja Kumar this petitioner,
Raja Sah and Ajay Sahni and on search a loaded Deshi Katta was
recovered from Umesh Sahni, Raja Kumar and Papu Sah a live
cartridge from Raja Sah and Ajay Sahni and they told that they
commit dacoit and the said Pick-Up was recently looted from
Darbhanga District they further told that they used Scorpio of Madan
Thakur of Noonfara under Piar P.S. ran by driver Raushan Kumar and
the above said white Scorpio belongs to Madan Thakur.
4. That petitioner was not present on the spot and nothing incriminating
article has been recovered to implicate the name of this petitioner in
the aforesaid crime.
5. That petitioner has not possess either white or any Scorpio vehicle
and he does not know any Raushan Kumar.
6. That petitioner is a farmer and he is disabled and he has never been
indulged in any such type of criminal activities.
7. That the real fact is that petitioner’s neighbor Pankaj Thakur was
falsely implicated in a case by the police and his wife filed a
complaint case no 490/2021 before C.J.M., Muzaffarpur on 19-02-21
and petitioner’s wife Rubi Devi is witness No. 3 and when police
came to know about this complaint case police began to persuade the
petitioner to get the complaint case withdraw and for this pressure
petitioner’s name was implicated in this case. (copy is attached)
8. That from the perusal of Fardbyan it is not clear that who disclosed
the name of this petitioner.
9. That petitioner doesn’t know driver Raushan Kumar and it is alleged
that Raushan Kumar is the driver of Scorpio but the real fact is that
petitioner has no Scorpio vehicle.
10. That police has not disclosed the registration number of alleged
Scorpio and even parentage and postal address of said Raushan
Kumar.
11. That local bailers are ready to stand sureties for him and petitioner is
man of means hence there is no chance of her absconding.

It is, therefore, humbly prayed that a

direction be given to the court below

that petitioner be released on bail and

in the mean time during pendency of

this bail application W/A be stayed

and for which petitioner shall ever

pray.