Kanhaiya Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30962 of 2020 Arising Out of PS. Case No.-197 Year-2020 Thana- DUMRAO District- Buxar ====================================================== 1.

KANHAIYA TURHA Son of Late Nathun Turha Resident of MohallaCharmotia Ennar, Lala Toli Road, Ward No. -06, Dumraon, P.S.- Dumraon, District- Buxar.

2.

Chamru Turha Son of Late Nathun Turha Resident of Mohalla- Charmotia Ennar, Lala Toli Road, Ward No. -06, Dumraon, P.S.- Dumraon, DistrictBuxar. 3.

Bharat Turha Son of Late Nathun Turha Resident of Mohalla- Charmotia Ennar, Lala Toli Road, Ward No. -06, Dumraon, P.S.- Dumraon, DistrictBuxar. 4.

Shiv Turha Son of Kanhaiya Turha Resident of Mohalla- Charmotia Ennar, Lala Toli Road, Ward No. -06, Dumraon, P.S.- Dumraon, District- Buxar. 5.

Jitendra Turha Son of Chamru Turha Resident of Mohalla- Charmotia Ennar, Lala Toli Road, Ward No. -06, Dumraon, P.S.- Dumraon, District- Buxar. 6.

Babli Turha Son of Chamru Turha Resident of Mohalla- Charmotia Ennar, Lala Toli Road, Ward No. -06, Dumraon, P.S.- Dumraon, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Nil Kamal, Advocate For the State :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.1 as the petitioner No.1 has been taken into judicial custody. Permission is accorded.

Patna High Court CR. MISC. No.30962 of 2020(2) dt.22-01-2021 2/3 The application filed on behalf of petitioner No.1 is dismissed as withdrawn.

Heard learned counsel for the petitioners No.2 to 6 and learned APP for the State.

The petitioners No.2 to 6 are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons and 10-15 unknown attacked upon the house of the informant, on which son of the informant, namely, Md. Salim protested, then petitioner No.4 bumped the head of son of the informant into wall.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners No.2 to 6. The petitioners No.2 to 6 have falsely been implicated in the present case. The petitioner No.4 is said to have bumped the head of son of the informant. No deadly weapon is said to have been used in the occurrence. The petitioners had no intention to commit murder. No offence under Section 307 of I.P.C. is made out. Free fight is alleged to have taken place.

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.30962 of 2020(2) dt.22-01-2021 3/3 petitioners No.2 to 6 are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners No.2 to 6, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. case No.197 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T