Nawal Thakur @ Nawal Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17834 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Nawal Thakur @ Nawal Kishore Thakur, Son Of Late Jamuna Thakur Resident Of Village- Tenua, P.S.- Kalyanpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. The prosecution case, in brief, is that all the F.I.R. named accused persons including the petitioner were fixing peg and trough in front of house of the informant and when the same was objected by the informant, accused persons started abusing the informant. On protest, co-accused Mukesh Thakur gave farsa blow on the head of informant and the petitioner gave knife blow on the head of the

Patna High Court CR. MISC. No.17834 of 2023(2) dt.12-05-2023 2/3 informant due to which he sustained injuries. When the mother and uncle of the informant came to his rescue, accused persons also assaulted them and snatched mangalsutra and ear ring from the mother of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is case and counter case between the parties. As per injury report, the injuries received by the informant is simple in nature and caused by hard and blunt substance, which is annexed as Annexure-2 with this petition. It is further submitted that the petitioner is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 291 of 2022 on furnishing bail

Patna High Court CR. MISC. No.17834 of 2023(2) dt.12-05-2023 3/3 bond 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. (Sunil Kumar Panwar, J) lata/niraj U T