Vishwanath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50994 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== VISHWANATH THAKUR Son of Jagdish Thakur Resident of VillageAkaur, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Benipatti P.S. Case No. 50/2021 registered for the offences punishable under Sections 341, 323, 379, 308 and 504/34 of the Indian Penal Code 1860.

The allegation, as per the First Information Report, is that the petitioner along with other co-accused persons assaulted the informant by means of Bamboo and iron rod. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as both the parties are co-villagers and there is delay of seven days in lodging the First Information Report. He further submits that

Patna High Court CR. MISC. No.50994 of 2021(2) dt.08-04-2022 2/2 from perusal of the injury report, it would be evident that the informant has received injuries on his nose which is not the vital part of the body. The petitioner is in custody since 8.7.2021 having no criminal antecedent and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that both the parties are co-villagers and there is delay in lodging the First Information Report, the petitioner is in custody since 8.7.2021 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateI, Madhubani, in connection with Benipatti P.S. Case No. 50/2021.

(Anil Kumar Sinha, J) S.Ali/- U T