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Patna High CourtCR. MISC./11492/2025bail granted

Chintamani Thakur v. The State Of Bihar

2025-03-21Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11492 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- BANDHUWA KURAWA District- Banka ====================================================== 1.

Chintamani Thakur S/O Late Hari Thakur R/O Village- Khaira, P.O.- Baghwa, P.S.- Bounsi, District- Banka 2.

Moti Thakur S/O Late Hari Thakur R/O Village- Khaira, P.O.- Baghwa, P.S.- Bounsi, District- Banka 3.

Munna Thakur @ Munna Kumar Thakur S/O Chintamani Thakur R/O Village- Khaira, P.O.- Baghwa, P.S.- Bounsi, District- Banka 4.

Indradeo Thakur @ Indradeo Kumar Thakur S/O Chintamani Thakur R/O Village- Khaira, P.O.- Baghwa, P.S.- Bounsi, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Pratyush Pratap Singh, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S..

3. The prosecution case, as per F.I.R., in brief, is that on 23.09.2024, informant, namely Manoj Kumar, along with his wife was going to Chaunpani by motorcycle and on the way, these petitioners intercepted and started abusing them. Thereafter, when the informant protested, all the accused persons assaulted him. During course of assault, Petitioner No. 1

Patna High Court CR. MISC. No.11492 of 2025(2) dt.21-03-2025 2/3 gave axe blow on head of informant. It is further alleged that when informant's brother came to rescue, Petitioner Nos. 3 and 4 assaulted him by means of lathi.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are co-villagers and due to petty dispute, a free fight took place between the parties in which both sides sustained injuries. There is case and counter-case between the parties. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.11492 of 2025(2) dt.21-03-2025 3/3 Magistrate, Banka in connection with Bandhuwa Kurawa P.S. Case No. 84 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T