Patna High CourtCR. MISC./48446/2017partly allowed disposal

Brahamdeo Thakur @ Brahamdeo Sharma And ANR v. The State Of Bihar

2017-10-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48446 of 2017 Arising Out of PS.Case No. -528 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Brahamdeo Thakur @ Brahamdeo Sharma S/o Late Maheshwar Thakur

2. Ram Naresh Thakur @ Ram Naresh Sharma S/o Brahamdeo Thakur @ Brahamdeo Sharma Both resident of Village- Godai Phulkahan, P.S.- Kanti (Panapur O.P.), District- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Kanti (Panapur) P. S. Case No.528 of 2016 registered under Sections 341, 323, 307, 379, 354-B/34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioners that there is case and counter case and the victim sustained simple injury. It is also contended that the petitioner no. 1 Brahamdeo Thakur @ Brahamdeo Sharma is a

Patna High Court Cr.Misc. No.48446 of 2017 (3) dt.17-10-2017 2/2 sufficiently old man aged about 70 years and has got no criminal antecedent.

Regard being had to the nature of allegation and the submission made above, petitioner no. 1 Brahamdeo Thakur @ Brahamdeo Sharma is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM (West), Muzaffarpur in Kanti (Panapur) P. S. Case No.528 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

So far as petitioner no. 2 Ram Naresh Thakur @ Ram Naresh Sharma is concerned, consideration the allegation that he repeatedly assaulted with tengari, I am not inclined to grant him pre-arrest. Accordingly, his application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J.) Kanchan/- U T