Vidyapati Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6235 of 2016 Arising Out of PS.Case No. -48 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================
1. Vidyapati Thakur
2. Rohit Thakur Both sons of Nasib Lal Thakur Resident 0f VillageMadhuban , P.s Kuseshwar Ashtan, District Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Prasad Yadav For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,325,307,379,504,506 and 354/34 of the Indian Penal Code.
It is alleged that seven accused persons including the petitioners came variously armed and started abusing and making assault to the informant. It is specific alleged that petitioner no. 2 Rohit Thakur assaulted the informant on head with iron rod. It is further alleged that all the accused persons including the petitioners assaulted the informant, informant's
Patna High Court Cr.Misc. No.6235 of 2016 (2) dt.09-02-2016 2/3 wife and son.
It is submitted by the learned counsel for the petitioners that the some of the injuries have been found to be simple whereas with regard to some of the injuries opinion has been kept reserved. It is further submitted that there is no specific accusation of assault against petitioner Vidyapati Thakur and similarly situated co accused Nasib Lal Thakur and Nawin Thakur have been granted anticipatory bail vide Cr. Misc. No. 19676 of 2015.
Considering the fact that there is specific accusation of assault against petitioner no. 2 Rohit Thakur, let the learned court below consider his prayer for regular bail in case he surrenders within six weeks from today in connection with Kusheshwar Asthan P.S. Case No. 48 of 2014 pending in the court of learned S.D.J.M. Biraul.
So far as petitioner no. 1 Vidyapati Thakur is concerned, the accusation is omnibus and general and Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioner no. 1 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail
Patna High Court Cr.Misc. No.6235 of 2016 (2) dt.09-02-2016 3/3 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Biraul in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U