Ashok Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1298 of 2016 ====================================================== Ashok Thakur, son of Narayan Thakur, Resident of village- Baidyanathpur, P.S.- Pear (Hatha O.P.), District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Pear P.S. Case No. 96 of 2015 registered under Sections 147, 149, 323, 302 and 504 of the Indian Penal Code.

The accusation is that when Rajendra Rai, father of the informant reached near the door of Binod Thakur making complaint about cutting of water-pipe by his nephew, then Binod Thakur gave the bamboo blow on his head and when the informant reached there, then petitioner and all 14 other accused persons reached there and started scuffling by fists and slaps and also assaulted by danda and bricks in which the informant and his father also sustained injury.

Patna High Court Cr.Misc. No.1298 of 2016 (3) dt.19-02-2016 2/2 Learned counsel for the petitioner submits that there is general allegation against the petitioner and 14 others to cause assault by fists and slaps and also by bamboo-stick. Specific allegation made against Binod Thakur who gave the bamboo blow on the head of Rajendra Rai, father of the informant as a result of which he died. The petitioner has no criminal antecedent and is in custody since 25.10.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge Vth-cum- Additional Chief Judicial Magistrate, Muzaffarpur in connection with Pear P.S. Case No. 96 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

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