Rajkishore Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15653 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== Rajkishore Thakur S/O Late Jagat Narayan Thakur R/O Vill- Kalyanpur, P.SVaishali (Belsor O.P.), Distt- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Akshay Tripathi, Advocate For the State :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2025 Heard learned counsels for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5) of the B.N.S..
3. As per the prosecution case, on 15.09.2024, while measurement of land of informant was going on, which is situated behind his house, initially, all the accused persons named in the F.I.R., including this petitioner, agreed upon said measurement, but later on, in the evening, they arrived at the door of informant and started abusing and assaulting him and other family members, as a result of which, four persons
Patna High Court CR. MISC. No.15653 of 2025(2) dt.07-03-2025 2/3 sustained injury.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, during measurement of land, altercation took place between the parties in which both sides sustained injury. There is case and counter case between the parties. Allegation of assault is general and omnibus and there is no specific allegation of overt act against this petitioner. Petitioner is in custody since 13.01.2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Vaishali at
Patna High Court CR. MISC. No.15653 of 2025(2) dt.07-03-2025 3/3 Hajipur in connection with Vaishali P.S. Case No. 372 of 2024. (Prabhat Kumar Singh, J) shashank/- U T