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Patna High CourtCR. MISC./62634/2017bail granted

Ekbal Thakur And ORS v. The State Of Bihar

2018-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62634 of 2017 Arising Out of PS.Case No. -208 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ekbal Thakur, S/o Late Sitaram Thakur,

2. Shivjee Thakur @ Shiv Thakur S/o Late Sitaram Thakur,

3. Gyan Chandra Thakur S/o Late Mahavir Thakur, All R/o VillageMadhurampur, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

At the outset, the learned counsel for the petitioners submits that the petitioner no. 1 has been arrested during the pendency of this case and he wishes to withdraw the petition as against the petitioner no. 1.

The petition as against the petitioner no. 1 is dismissed as withdrawn.

The petitioners no. 2 and 3 seek anticipatory bail in connection with Pipra P.S. Case No. 208 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 354, 504, 506/34 of the Indian Penal Code. The case of the prosecution against the petitioners is regarding the petitioners herein inflicting farsa / bhala blow on the

Patna High Court Cr.Misc. No.62634 of 2017 (2) dt.16-01-2017 2/2 prosecution side resulting in injuries on the person of the prosecution side.

The learned counsel for the petitioners submits that the injuries sustained by the prosecution side is simple in nature and no specific allegation has been levelled against he petitioners herein. It is further submitted that the petitioners have clean antecedent.

Having regard to the facts and circumstances of the case as also the fact that the injuries sustained by the prosecution side is simple in nature and that the petitioners have having a clean antecedent, I deem it fit and proper to enlarge the petitioners, namely, (2) Shivjee Thakur @ Shiv Thakur and (3) Gyan Chandra Thakur, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S. Case No. 208 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T