Pradeep Kumar Thakur @ Pradeep Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46265 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Pradeep Kumar Thakur @ Pradeep Thakur Son of Batohi Thakur Resident of Vill- Siswa, P.S.- Pandoul, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Ghosarvey, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Pandoul PS case no. 137 of 2023, disclosing offences punishable under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.
3.
The prosecution story, as per the Fardbeyan of the informant, is that on 20.06.2023 in the evening, the informant went to the house of Ghuran Thakur for taking some amount as loan and while returning, accused Batohi Thakur and his sons stopped him. In the meanwhile, co-accused Dilip Thakur caught hold of the informant and snatched Rs. 10,000/- from his pocket. While the informant tried to flee away, accused Pradeep Thakur i.e. petitioner assaulted on his head by means of farsa.
Patna High Court CR. MISC. No.46265 of 2024(2) dt.07-08-2024 2/3 4.
Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous land dispute between the parties. Informant is son-inlaw of Ghuran Thakur, who is own uncle of the petitioner and brother of petitioner's father namely Batohi Thakur, who is also co-accused in this case. Learned counsel further submits that the present false F.I.R. has been lodged at the behest of the uncle of the petitioner namely Ghuran Thakur. He next submits that injury caused to the informant is by hard and blunt substance whereas allegation of assault upon him by the petitioner is with sharp cutting weapon.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are related, there is land dispute between them and injury caused to the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Madhubani in
Patna High Court CR. MISC. No.46265 of 2024(2) dt.07-08-2024 3/3 connection with Pandaul PS case no. 137 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T