Mitan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40420 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -SAHIYARA District- SITAMARHI ====================================================== Mitan Thakur son of late Bhanu Thakur resident of Village- Belahi Jairam Tola Babhantoli P.S. Sahiara District Sitamarhi. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-307 & other minor sections of the Indian Penal Code. Petitioner is languishing in jail custody since 27-032016 on the accusation that he gave Tangi blows to the informant as well as informant's son. The informant's son sustained one grievous injury on his neck whereas; the informant appears to have sustained simple injury. The reason behind the alleged occurrence is said to be land dispute.

Submission on behalf of petitioner is that the petitioner is agnate of the informant and as a matter of fact, there was previous dispute between the parties and informant's son

Patna High Court Cr.Misc. No.40420 of 2016 (2) dt.29-09-2016 2/2 sustained injury somewhere else and taking advantage of the aforesaid injury, the informant lodged this case against the petitioner.

On the other hand, learned counsel, appearing for the informant opposed the prayer, submitting that grievous injury has been found on the vital part of body of the injured. Considering the above-said facts and circumstances of the case as well as submission of the parties and also taking note of this fact the petitioner does not have any criminal antecedent, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sahiara P.S. Case No. 35 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.

(Hemant Kumar Srivastava, J) A.K.V./- U T