Harendra Thakur @ Harindra Thakur And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.43626 of 2017 (4) dt.08-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43626 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================
1. Harendra Thakur @ Harindra Thakur S/o Lagan Thakur
2. Subodh Thakur @ Subodh Kumar Thakur @ Subodh Kumar S/o Ram Pravesh Thakur
3. Amarjeet Thakur S/o Ram Pravesh Thakur
4. Sonu Thakur @ Sonu Kumar S/o Ram Pravesh Thakur
5. Kundan Kumar @ Kundan Thakur S/o Ram Pravesh Thakur
6. Ramanand Thakur Son of Ram Pravesh Thakur All residents of Village Kalyanpur Basti Purab, P.S. Mohiuddin Nagar, District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Mohiuddin Nagar Police Station Case No. 212 of 2016, disclosing offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, altercation took place between the parties in which the informant sustained
Patna High Court Cr.Misc. No.43626 of 2017 (4) dt.08-11-2017 injuries but according to doctor, the injury sustained by the informant is simple in nature and caused by hard and blunt substance. Moreover, charge sheet has been submitted under bailable section and the learned Magistrate has taken cognizance beside the bailable offence under Section 307 of the Indian Penal Code. No case under Section 307 of the Indian Penal Code is made out against the petitioners. Hence, the petitioners also deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Additional Chief Judicial Magistrate- IV, Samastipur, in connection with Mohiuddin Nagar Police Station Case No. 212 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T