Sunil Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11351 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -BARABAR TOURIST District- JEHANABAD ======================================================

1. Sunil Thakur S/O Late Ananti Thakur

2. Santosh Thakur S/O Sunil Thakur

3. Sharwan Thakur S/O Sunil Thakur

4. Deepak Thakur S/O Sunil Thakur. All resident of Village- Dakara, P.S. Barabar Prayatak, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Bharti For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Barabar Prayatak P.S. Case No. 58 of 2017 for the offences punishable under sections 341, 323, 504 and 307/34 of the I.P.C.

Allegedly, there was some altercation due to adding the electric connection between the informant's son and the petitioner Sunil Thakur and thereafter the petitioners started assaulting him with lathi and danda and when the informant and his family members came to rescue they were also assaulted by the accused persons. The sons of the informant sustained injury on the

Patna High Court Cr.Misc. No.11351 of 2018 (2) dt.27-02-2018 2/2 head.

Submission is of false implication and that there is general and vague allegation against the petitioners, there is case and counter case, i.e. Barabar Tourism P.S. Case No. 59 of 2017 lodged by wife of the petitioner Sunil Thakur, there was free fight and both parties sustained injuries, the injury received by the informant and his sons are simple in nature and as such the petitioners deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners but fairly submits that from the impugned order it reveals that the injuries are simple in nature. In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Jehanabad in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T