Sunil Kumar Thakur @ Sunil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16508 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== 1.

Sunil Kumar Thakur @ Sunil Thakur Son of Kailash Thakur Resident of Village-Thukahiya, P.S.- Vaishali, District - Vaishali 2.

Anil Thakur Son of Kailash Thakur Resident of Village-Thukahiya, P.S.- Vaishali, District - Vaishali ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that accused persons came at the shop of the informant and started assaulting him, as a result of which, he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the

Patna High Court CR. MISC. No.16508 of 2019(2) dt.15-03-2019 2/2 present case. There is case and counter case between the parties. The petitioner No. 1 is alleged to have caused injury with Farsa whereas the injury report indicates that the injury has been caused by hard and blunt substance. The allegations made in the FIR is not supported by the medical evidence. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 359 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T