Abhishek Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34707 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.

Abhishek Thakur, Son of Late Gopal Thakur, Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

2.

Fulo Devi, Wife of Gopal Yadav, Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

3.

Champa Devi, Wife of Manoj Thakur, Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

4.

Ajay Thakur, Son of Late Gopal Thakur, Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

5.

Bittu Kumar @ Bittu Thakur, Son of Mantu Thakur, Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

6.

Ramvati Devi, Wife of Prameshwar Thakur Resident Of Village - Bukar, P.S.- Jamui, District - Jamui.

7.

Rajkumar Thakur, Son of Late Gopal Thakur Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jamui P.S. Case No. 170 of 2023 instituted under Sections 341, 323, 307, 504, 506, 147, 148 and 149 of the Indian Penal Code.

Patna High Court CR. MISC. No.34707 of 2023(2) dt.21-07-2023 2/3

3. As per the prosecution case, petitioners alongwith other co-accused persons assaulted and injured the informant and his family members, pressurise to execute the sale deed in their favour and also threatened to kill them on not doing so.

4. Learned counsel for the petitioners submits that there is a land dispute between the parties for which a title suit is pending. There is a case and counter case between the parties and the injuries are simple in nature. Learned counsel for the petitioners further submits that other petitioners have no criminal antecedent except petitioner No. 4 who has one criminal antecedent in which he is on bail. Learned counsel also submits that except under Section 307 of I.P.C. other Sections are bailable in nature and Section 307 of I.P.C. is not applicable in this case.

5. Learned A.P.P. opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned

Patna High Court CR. MISC. No.34707 of 2023(2) dt.21-07-2023 3/3 Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 170 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T