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Patna High CourtCR. MISC./48723/2016bail granted

Thakur Prasad v. The State Of Bihar

2016-12-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48723 of 2016 Arising Out of PS.Case No. -224 Year- 2015 Thana -PAHARPUR District- EAST CHAMPARAN (MOTIHARI) ====================================================== Thakur Prasad, son of Khublal Mahto, resident of village- Balua tola Sohsaraiya, P.S. Paharpur, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ansul, Advocate. For the State : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioner apprehends his arrest in Paharpur P.S. Case No. 224 of 2015 registered under Section 307 and other Sections of the Indian Penal Code.

The informant named nine persons including the petitioner and alleged that two persons caught him and indiscriminately assaulted him with iron rod. Learned counsel for the petitioner submits that in fact, the petitioner was intending to commit theft and he was apprehended by the villagers and the villagers assaulted the petitioner. Other accused persons have already been enlarged on anticipatory bail vide order dated 10.5.2016 passed by a Bench of this Court in Cr. Misc. 19834 of 2016. The case of the petitioner

Patna High Court Cr.Misc. No.48723 of 2016 (2) dt.15-12-2016 2/2 stands on similar footing as there is no specific allegation against the petitioner.

Considering the fact that similarly situated coaccused have already been enlarged on bail, the above named petitioners, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Paharpur P.S. Case No. 224 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.Ali/- U T