Prabhu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17436 of 2024 Arising Out of PS. Case No.-55 Year-2015 Thana- PIPRA District- Supaul ====================================================== Prabhu Thakur, Son Of Jagdish Thakur Resident Of Village- Dubiyahi Chhith, Ps- Pipra, Distt- Supaul ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tanushri For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 379, 504 and 506 of the Indian Penal Code, but cognizance has been taken under Sections 147, 341, 323, 308, 504 and 506 of the I.P.C.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant and the informant alleges that accused persons including the petitioner came and started forcefully ploughing the land of the informant, which was in name of his grandfather. On protest, it is alleged that the accused persons assaulted and this petitioner assaulted
Patna High Court CR. MISC. No.17436 of 2024(2) dt.22-03-2024 2/3 by Dabiya causing injury on head.
4. The learned counsel for the petitioner submits that admittedly the dispute in between the petitioner and the informant is with respect to a piece of land. It is also submitted that an altercation had taken place and both sides assaulted each other. It is next submitted that though allegation is of assault by the petitioner on head of the informant by Dabiya, but then, the blow was not repeated and the injuries suffered by the informant is simple in nature.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Supaul in connection with Pipra P. S. Case No.55 of 2015, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall
Patna High Court CR. MISC. No.17436 of 2024(2) dt.22-03-2024 3/3 verify the injury of the informant and in the event, if it is found that the injury suffered by the informant on head is grievous in nature, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) vikash/- U T