Manish Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9463 of 2020 Arising Out of PS. Case No.-288 Year-2019 Thana- BISFI District- Madhubani ====================================================== MANISH THAKUR, Son of Dilip Thakur Resident of Village- Raghauli, P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilesh Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Bisfi P.S. Case No. 288 of 2019, registered under Sections 341, 323, 324, 326, 307, 504, 506 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that Amit Kumar Thakur, brother of the informant Shrawan Kumar, had gone to watch Orchestra on the eve of Vishwakarma puja on boarding on his motorcycle. In the night, Manish Thakur (Petitioner) came near the brother of informant and asked him to give key of the motorcycle, then Amit Kumar Thakur, brother of the informant, made query about purpose on which petitioner replied that he has to go to purchase liquor then he refused to
Patna High Court CR. MISC. No.9463 of 2020(2) dt.27-02-2020 2/3 hand over the motorcycle. Thereafter, petitioner informed the matter to his friend Varun Thakur @ Chanki. Thereupon, Varun Kumar Thakur @ Chanki, Anish Kumar Thakur and Dilip Thakur having armed with knife came near his brother and started abusing. On protest, Manish Thakur (Petitioner) gave repeated knife blow and Anish Thakur snatched cash of Rs. 1500/- from the pocket of his brother.
Learned counsel for the petitioner submits that while occurrence is said to be committed in the night of 17/1809-2019, but the present case has been lodged on 24-09-2019 after six days of the occurrence without giving any explanation. Further submission is that it would appear from the F.I.R. that informant is not the eye-witness of the occurrence, rather, father of the informant reached there and took his injured son to hospital. Further submission is that petitioner has no criminal antecedent and he is in custody since 25.09.2019.
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 Addl. Chief Judicial Magistrate-I,
Patna High Court CR. MISC. No.9463 of 2020(2) dt.27-02-2020 3/3 Benipatti (Madhubani) in connection with Bisfi P.S. Case No. 288 of 2019.
(Rajendra Kumar Mishra, J) manish/- U T