Kaushal Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4799 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== 1.

Kaushal Kishore Thakur S/O Late Rameshwar Thakur R/O villageKalyanpur, P.S- Belsar, District - Vaishali 2.

Pushpraj Thakur S/O Sri Mantun Thakur R/O village- Kalyanpur, P.SBelsar, District - Vaishali 3.

Awadhesh Thakur S/O Late Jagat Narayan Thakur R/O village- Kalyanpur, P.S- Belsar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2025 Heard learned counsel appearing on behalf of petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 118(1), 109, 351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, on 15.09.2024, while measurement of land of informant was going on, which is situated behind his house, initially, all the accused persons named in the F.I.R. including petitioners agreed upon said measurement, but later on, in the evening, they arrived at the door of informant and started abusing and assaulting him and other family members, as a result of which, four persons sustained injury.

Patna High Court CR. MISC. No.4799 of 2025(2) dt.27-02-2025 2/2

4. Learned counsel for the petitioners submits that on the eve of measurement of land, altercation took place between the parties in which both sides sustained injury. Case and counter case. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State and learned counsel for informant opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 372 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T