Mahesh Thakur And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11470 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11470 of 2018 Arising Out of PS.Case No. -483 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== 1.Mahesh Thakur, son of Photo Thakur

2. Shivendra Thakur, son of Photo Thakur

3. Bittu Kumar, son of Bipin Thakur All three are resident of village-Kalyanchak, P.S. Muffasil, Munger

4. Santosh Thakur, son of Dinesh Thakur

5. Chhotu Thakur @ Sourabh son of Dinesh Thakur Both are resident of village-Rajanpur, P.S. Shahkund(Sajour), DistrictBhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioners apprehend their arrest in Nathnagar(Madhusudanpur) P.S. Case No.483 of 2017 registered under Sections 307, 323, 364, 354(B), 379, 448, 329, 120(B), 149 of the Indian Penal Code and Section 27 of the Arms Act. The informant filed complaint case on 25.07.2017 for the occurrence said to have taken place on 16.03.2017. The complainant alleged that the accused persons entered into his house and petitioner, Mahesh Thakur is said to have assaulted Abhishek Kumar with butt of pistol.

The learned counsel for the petitioners submits that on

Patna High Court Cr.Misc. No.11470 of 2018 (2) dt.27-02-2018 account of land dispute, there is a case and counter case. On the basis of the complaint petition filed by the complainant, Abhishek Kumar, F.I.R. was lodged on 06.09.2017. The complaint case is itself filed after 4 1⁄2 months of occurrence. Considering the facts aforesaid and the fact that Abhishek Kumar got simple injury, the petitioners, above named, in the event of their 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 are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhagalpur in connection with Nath Nagar(Madhusudanpur) P.S. Case No.483 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T