Sukh Ram Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11025 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== SUKH RAM THAKUR S/o Late Bindeshwar Thakur Resident of VillageChandauli Khari, P.S.- Choraut, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Basopatti P.S.Case no.161 of 2018 , registered for offences punishable under Sections 147, 307, 323, 341, 354(B), 379, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of assault by Farsa causing injury to the informant.

Submission of the learned counsel for the petitioner is that the occurrence took place with respect to cutting of the guava tree and it is not intentional rather it happens in the spur of moment and the injury report shows that the injury is simple in nature and later on another injury report has been brought showing that the injury is grievous .

Patna High Court CR. MISC. No.11025 of 2019(4) dt.06-05-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Madhubani/Incharge Successor court in connection with Basopatti P.S.Case no. 161 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T