Karpoori Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3876 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ======================================================

1. Karpoori Thakur, S/o Bilas Thakur @ Ram Bilas Thakur

2. Bilas Thakur @ Ram Bilas Thakur, S/o Late Kamo Thakur Both residents of village- Gopalbad, Police Station-Sarmera, DistrictNalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Abhay Kumar Rai (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Petitioner no. 2 has been arrested and his prayer for anticipatory bail has become infructuous. Heard learned counsel for the petitioner and the State.

The petitioner no. 1 is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 504 and 34 of the Indian Penal Code. There is specific accusation against Dilip Chaurasiya of causing injury on the head of the informant by iron rod. When he fell down, thereafter Nitish Kumar assaulted with hammer. The informant's wife came to rescue, she was also assaulted by the accused persons.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3876 of 2015 (2) dt.29-01-2015 petitioner no. 1 that only one injury of the informant caused by Dilip Chaurasiya has been found grievous. Other injuries of the informant and his wife are found simple in nature. Considering the nature of injury and statement made in para-3 of the petition that petitioner no. 1 has no criminal antecedent, let the above named petitioner no. 1 be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 100 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T