Patna High CourtCR. MISC./39653/2014bail granted

Bindeshwari Thakur And ORS. v. The State Of Bihar

2015-04-10The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39653 of 2014 Arising Out of PS.Case No. -317 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Bindeshwari Thakur Son of Lal Jee Thakur

2. Pappu Thakur Son of Bindeshwari Thakur

3. Pinta Thakur @ Pince Thakur @ Prabin Kumar Thakur Son of Bindeshwari Thakur

4. Manna Thakur @ Manish Kumar Thakur @ Munna Thakur Son of Bindeshwari Thakur

5. Rajan Thakur @ Ranjan Thakur, Son of Late Kishori Thakur

6. Chhotu Thakur, Son of Bindeshwari Thakur All residents of Village - Baaini, Police Station - Kahalgaon, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-04-2015 The petitioners figured as accused in Kahalgaon P.S. Case No.317 of 2014 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. Apprehending their arrest, the petitioners filed ABP No.1864 of 2014 before the Sessions Judge, Bhagalpur. The same was rejected on 27.08.2014. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The allegation against the petitioners is that they

Patna High Court Cr.Misc. No.39653 of 2014 (2) dt.10-04-2015 2/2 caused injuries to the complainant with some lathi and other such weapons. However, nothing is stated about the seriousness of the injuries. The arrest of the petitioners is not warranted in a case of this nature.

Hence, this application is allowed. In the event of arrest, the petitioners are directed to be enlarged on 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 Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No.317 of 2014, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(L. Narasimha Reddy, CJ) Sunil/- U T