Rajendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21206 of 2023 Arising Out of PS. Case No.-294 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.
RAJENDRA THAKUR S/o Late BAMBHOLI THAKUR Village- Ranipatti Ward no-12, PS- Kumarkhand Belari Dist- Madhepura 2.
Amit Kumar son of Rajendra Thakur Village- Ranipatti Ward no-12, PSKumarkhand Belari Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Braj Kishore Prasad, APP For the Informant :
Mr. Uday Chand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(A), 380, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that Rajendra Thakur gave threatening to vacate the house as he was claiming that the land belongs to him and when the informant objected, all FIR named accused persons, including the petitioners, assaulted the informant along with his wife, son and daughter causing injury on the head.
Patna High Court CR. MISC. No.21206 of 2023(2) dt.27-06-2023 2/3 Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that there appears to be a dispute relating to land as the informant has alleged that Rajendra Thakur threatened the informant to vacate the house on the ground that the land belongs to him. Learned counsel submits that though there is allegation of assault but then the nature of injury suffered by the injured is simple in nature and the allegation of snatching jewelry worth Rs. 1,25,000/- is ornamental in nature.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to rebut the submission of the learned counsel for the petitioners that the injuries suffered by the injured is simple in nature.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.21206 of 2023(2) dt.27-06-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kumarkhand P.S. Case No. 294 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T