Mukesh Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.10698 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10698 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Thakur Son of Chaprashi Thakur, Resident of Village - Bagaha, P.S. - Harsidhi, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 A supplementary affidavit has been filed on behalf of the petitioner, which is kept on record.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Harsidhi P.S. Case No. 126 of 2015 for the offences instituted under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act. As per prosecution case, one Ramlal Paswan gave a written information to SHO Harsidhi that when he was talking with one Nagina Sah at his door, petitioner and the co-accused abused him saying Chamar Dusadh and when one Sonalal came to rescue the informant, co-accused Rampukar assaulted him with

Patna High Court Cr.Misc. No.10698 of 2016 (2) dt.18-04-2016 lathi and petitioner snatched Rs.1000/- from the pocket of the informant.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is admitted enmity between the parties. From perusal of the injury report vide Annexure-2 to the supplementary affidavit, it is evident that the nature of injuries are simple. No offence under SC/ST Act is made out against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Harsidhi P.S. Case No. 126 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T