Mahendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22706 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.

MAHENDRA THAKUR Son of Shukhdeo Thakur Resident of Village - Diyari Ward No. 9, P.S. and District - Araria. 2.

Mantu Thakur Son of Mahendra Thakur Resident of Village - Diyari Ward No. 9, P.S. and District - Araria.

3.

Arun Kumar Thakur @ Arun Thakur Son of Mahendra Thakur Resident of Village - Diyari Ward No. 9, P.S. and District - Araria. 4.

Dropati Devi Wife of Mahendra Thakur Resident of Village - Diyari Ward No. 9, P.S. and District - Araria.

5.

Dukhai Thakur Son of Late Chulhai Thakur Resident of Village - Bara, P.S.- Mahalgoan, District - Araria 6.

Rajesh Thakur Son of Tinkodi Thakur Resident of Village - Bara, P.S.- Mahalgoan, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard Mr. Anil Prasad Singh, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Araria P.S. Case No. 185 of 2020 dated 05.03.2020 instituted for the offences under Sections 147, 148, 341, 323, 324, 307, 379, 354(B), 506 and 504 of the Indian Penal Code.

The petitioners are alleged to have manhandled the

Patna High Court CR. MISC. No.22706 of 2021(2) dt.24-05-2022 2/3 members of the prosecution party and also took away valuable belongings.

The learned counsel for the petitioners has submitted that the accusation is absolutely false. There is a dispute with respect to a Government land situated outside the house of the petitioners which the informant wants to grab. Because of the protest against such activity of the informant by the petitioner, a small skirmish between the parties took place which has been blown out of proportion and overtly exaggerated accusation has been levelled in the FIR. The injury reports of the so-called victims completely belie the nature of accusation in the FIR. The injuries to the victims are stated to be simple in nature.

Considering the afore-noted background facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties Araria P.S. Case No. 185 of 2020 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 185 of 2020, subject to

Patna High Court CR. MISC. No.22706 of 2021(2) dt.24-05-2022 3/3 the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T