Jagarnath Thakur @Jagannath Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25536 of 2024 Arising Out of PS. Case No.-242 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Jagarnath thakur @ jagannath thakur, male, aged about 70 years, Son Of Saryug Thakur, Resident of village- Naurankiya Gopalpur, PS- Madhuban, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Sections 341, 323, 324, 307 and 427/34 of the of the Indian Penal Code.
3. As per allegation in the FIR, due to some dispute all the FIR named accused persons assaulting and abusing the informant and damaging the house of the informant and when he objected, petitioner gave several sword blows on the informant due to which the informant sustained injuries. When the son and wife of the informant came to rescue, petitioner also assaulted them with lathi danda.
4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to dirty village politics. He next submits that petitioner is in custody since 06.01.2024.
Patna High Court CR. MISC. No.25536 of 2024(2) dt.10-04-2024 2/2
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
6. On perusal of the first information report, injury report and impugned order dated 26.02.2024, it appears that the petitioner also gave lathi blow on his head which hit on his skullcap due to which he sustained injury near his ear. The injury report of the victim appears that he sustained laceration 4 cm x 1 cm over left forearm incised wound over left arm 12 cm x 2 cm x 1⁄4 cm over left arm. Incised wound over right ear 1 cm x 1⁄2 cm.
7. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.
8. Prayer for bail of the petitioner is hereby rejected.
9. However, the trial Court is directed to conclude the trial within a period of six months from the date of receipt of a copy of this order and if the trial is not concluded within the stipulated period, the petitioner shall be at liberty to renew his prayer for bail before the trail court.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T