Hanuman Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25630 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- SURSAND District- Sitamarhi ======================================================
1. Hanuman Thakur, S/o Late Devnarayan Thakur,
2. Ram Daresh Thakur, S/o Late Manjhi Thakur,
3. Jailal Thakur, S/O Hanuman Thakur,
4. Patiram Thakur, S/o Late Parikshan Thakur
5. Umesh Thakur, S/O Ram Sevak Thakur All residents of Village - Bara, Ward No. 5, P.S. - Sursand, District - Sitamarhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa For the Opposite Party/s :
Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Sursand P.S. Case No. 16 of 2018 dated 25.01.2018 instituted for the offences under Sections 341, 323, 324, 307, 448, 427, 379, 504 and 506 of the Indian Penal Code.
Petitioners no. 2 to 5 are alleged to have assaulted the son of the informant leading to simple injuries on his person. Though petitioner no. 1 is said to have hurled farsa blow on the person of the informant but he too has received simple injuries and that also
Patna High Court Cr.Misc. No.25630 of 2018(2) dt.04-05-2018 2/3 which has been opined to have been caused by hard and blunt substance. Surprisingly, it has been argued, no reason has been assigned in the FIR for the aforesaid occurrence.
Learned counsel for the petitioner has submitted that in fact the petitioners had earlier filed a case against the informant and others vide Sursand P.S. Case No. 15 of 2018 and the present case is only a counter blast to case lodged by them. The petitioners are co-villagers and it appears that because of some dispute, the present case and counter case have been lodged. Considering the nature of accusation, the relationship of the parties and the injuries received by the victim being simple in nature, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs.
10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Sursand P.S. Case No. 16 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court Cr.Misc. No.25630 of 2018(2) dt.04-05-2018 3/3 account that the petitioners do not have any criminal antecedent.
(Ashutosh Kumar, J) Krishna/- Ved/- U T