Harendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3261 of 2020 Arising Out of PS. Case No.-659 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

HARENDRA THAKUR Son of Late Pagal Thakur Resident of Village - Anandpur Camp, P.S.- Bihta, Distt.- Patna.

2.

Sanjeet Thakur @ Sanjeet Kumar Son of harendra Thakur Resident of Village - Anandpur Camp, P.S.- Bihta, Distt.- Patna. 3.

Bhola Thakur Son of Late Ajab Thakur Resident of Village - Anandpur Camp, P.S.- Bihta, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Bihta P.S.Case No659 of 2019 , registered for offences punishable under Sections 341, 323, 307 and 504 of the Indian Penal Code.

Petitioner nos. 1 and 2 are said to have assaulted by lathi to the son of the informant (Anil Thakur) and the petitioner No.3 has assaulted to one Raj Kishore by Garasi causing injury. Submission of the learned counsel for the petitioners is that FIR itself shows that the occurrence took place due to construction of the boundary and there was no intention

Patna High Court CR. MISC. No.3261 of 2020(2) dt.24-01-2020 2/2 behind the same assault and even if there was some assault, that is in the spur of moment.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Danapur in connection with Bihta P.S.Case No659 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T