Uday Kant Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51996 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -HARLAKHI District- MADHUBANI ======================================================
1. Uday Kant Thakur, Son of Late Paltan Thakur,
2. Sanjay Thakur, Son of Lal Babu Thakur, Both resident of Village- Beta Parsa, P.S.- Harlakhi, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. Petitioner No. 2 Sanjay Thakur, allegedly caused injury at the head of Vikram Thakur, the son of the informant with Dabia (sharp cutting weapon). The Doctor has found sharp cut wound on the occipital region of Vikram Thakur. There is no specific allegation against the petitioner No. 1 Uday Kant Thakur. Submission of the petitioners is that in the subsequent report the Doctor has not found any visible injury on the person of Vikram Thakur.
Learned counsel for the informant opposed the prayer
Patna High Court Cr.Misc. No.51996 of 2016 (2) dt.20-12-2016 2/2 for bail.
Considering the fact that petitioner No. 2 Sanjay Thakur had knowledge that his act might cause death, I am not inclined to grant him anticipatory bail. Hence, prayer for anticipatory bail of the petitioner No. 2 is refused. There is no specific allegation against the petitioner No. 1 Uday Kant Thakur, let the petitioner no. 1, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Benipatti, Madhubani/Successor Court in connection with Harlakhi Police Station Case No. 124 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Birendra Kumar, J) kundan/- U T