Manwendra Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52094 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Manwendra Thakur S/o Mahendra Thakur

2. Pranav Kumar Singh @ Soni @ Soni Kumar

3. Saurav Kumar Singh @ Soni @ Moni @ Moni Kumar Both sons of Pulendra Singh All are residents of village - Barahsher P.S. Bihra District Saharsa.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Bihra P.S. case no. 73 of 2016 registered for the offences punishable under Sections 307 and other sections of the Indian Penal Code.

It has been submitted on behalf of petitioners that so far as petitioner no. 1 is concerned, there is omnibus allegation against him. So far as petitioner nos. 2 and 3 are concerned, they have assaulted by farsa but injuries are simple. Heard learned counsel for informant. He has controverted this fact that injuries are simple rather it is a grievous

Patna High Court Cr.Misc. No.52094 of 2016 (2) dt.21-12-2016 2/2 injury on the person of victim.

Having heard both sides. In the facts and circumstances stated above, petitioner no. 1 in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bihra PS case no. 73 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner no. 2 and 3 are concerned, they are directed to surrender before the court below and the court below while examining this aspect as to whether injuries are simple or grievous and if it is simple, enlarge the petitioners on bail otherwise, after considering the submissions of the petitioner, will pass appropriate order on its own merit without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J.) rinkee/- U T