Bhikhari Thakur @ Vekhari Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11200 of 2020 Arising Out of PS. Case No.-309 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Bhikhari Thakur @ Vekhari Thakur Son of Laxmi Thakur Residence of Village - Madhopur Madhumalat, P.S.- Turkauliya, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Turkauliya P.S. Case No. 309 of 2019 (G.R. Case No. 3440 of 2019) registered for the offence under Sections 341, 323, 324, 354, 448, 427, 504/34 of the Indian Penal Code.

As per F.I.R., the allegation against the petitioner is that petitioner assaulted the brother of husband of informant (nsoj) by iron rod, which hit on his left hand. It is submitted on behalf of petitioner that there is case and counter case between the parties. It is further submitted that the alleged occurrence is said to have taken place on 19-05-2019, whereas, F.I.R. has been lodged on 22-05-2019 and

Patna High Court CR. MISC. No.11200 of 2020(2) dt.18-06-2020 2/2 there is no explanation for delay. Petitioner has no criminal antecedent, as stated in paragraph - 3 of the petition. It is submitted that two similarly situated co-accused namely Shashi Ranjan Thakur and Niranjan Thakur have already been granted anticipatory bail by this Court, vide order dated 06-11-2019 passed in Cr.Misc. No. 69568 of 2019 (Annexure 4 to the petition).

Considering the aforesaid facts and circumstances, the bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 309 of 2019 (G.R. Case No. 3440 of 2019), subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T