Amarnath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34397 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== 1.

AMARNATH THAKUR Son of Late Ramdeo Thakur Resident of VillageBarhad, P.S.- Hathauri, District- Muzaffarpur 2.

Jailal Sahni Son of Late Ramdeo Thakur Resident of Village- Barhad, P.S.- Hathauri, District- Muzaffarpur 3.

Keshav Kumar Son of Late Ashok Thakur Resident of Village- Barhad, P.S.- Hathauri, District- Muzaffarpur 4.

Deepak Kumar Son of Late Ashok Thakur Resident of Village- Barhad, P.S.- Hathauri, District- Muzaffarpur 5.

Suman Kumar Son of Late Ashok Thakur Resident of Village- Barhad, P.S.- Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur with M/S Nilesh Kumar Babita Kumari, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Aurai P.S. Case No. 77 of 2019 registered for the offences punishable under Sections 302, 341, 323, 147, 148 and 354 of the Indian Penal Code.

Prosecution case is that petitioners and several other accused persons came to the shop of the informant and asked his mother to vacate the land, on which petitioner No.1 caught hold of neck of mother of the informant and assaulted her with lathi and danda and she became unconscious and later on died.

Patna High Court CR. MISC. No.34397 of 2019(4) dt.21-08-2019 2/3 Submission of learned counsel for the petitioners is that post mortem report disclosed that two injuries were found on the person of deceased but cause of death could not be ascertained and for that some parts of the body were sent to FSL/Pathological test and it has come that she died because of heart and lunge diseases.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail of the petitioners stating that there is specific allegation against petitioner No.1of assault.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-cumSub-Judge-14th, Muzaffarpur, in connection with Aurai P.S. Case No. 77 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioners have to co-operate in the investigation and appear before police as

Patna High Court CR. MISC. No.34397 of 2019(4) dt.21-08-2019 3/3 and when required, otherwise their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T