Shyam Sundar Thakur @ Shyam Sundar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14648 of 2025 Arising Out of PS. Case No.-414 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Shyam Sundar Thakur @ Shyam Sundar Sharma, Son of Shiv Balak Thakur Resident of Village - Bishunpura Wardd No. 05, P.S. - Harsidhi, District - East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP For the Informant :
Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 414 of 2024, instituted under Sections 191(2), 115(2), 126, 118, 109, 303(2), 351, 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on the date of occurrence when the informant was making Panjha in his land, petitioner along with F.I.R. named accused persons came there with lathidanda and started abusing him and objected to make Panjha. On protest, accused persons assaulted the informant and other family members. Petitioner is alleged to have assaulted the brother of the informant with Tanguli causing injury on his head.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.14648 of 2025(2) dt.28-03-2025 2/2 petitioner is innocent and has falsely been implicated in this case. Both parties are close agnates/ Pattidar. There is previous enmity between them on account of land dispute due to which free-fight took place. There is case and counter case between the parties. Allegation against the petitioner is not supported with medical report as the injury on the injured is lacerated in nature. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 414 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T