Sunil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5919 of 2017 Arising Out of PS.Case No. -21 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ====================================================== Sunil Thakur, Son of Umleshwari Thakur Resident of Village Khopaiti, Police Station - Saurbazar, District - Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saur Bazar P.S. Case no. 21 of 2014, registered under Sections 427, 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 354 of the Indian Penal Code.

The accusation is that five persons named in the F.I.R., including the petitioner, were uprooting the craft of potato in the field of the informant, when informant made protest then this petitioner caused injury through 'farsa' at the right leg of the informant Kailash Thakur. When Lalan Thakur, cousin brother of the informant, rushed to save the informant then the petitioner also caused him cut injury at his head. Thereafter, Sudhir Thakur caused injury at Lalan Thakur through iron rod.

Learned counsel for the petitioner submits that it would

Patna High Court Cr.Misc. No.5919 of 2017 (2) dt.03-04-2017 2/2 appear from the F.I.R. that the petitioner caused injury at the informant, but only one injury was found on the person of informant Kailash Thakur, which is simple in nature, whereas three injuries were found on the person of Lalan Thakur, cousin brother of the informant, out of which injury nos. 1 and 2 were simple in nature, which is said to be caused by the petitioner and injury No.3 was caused by co-accused Sudhir Thakur. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 21 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T