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Patna High CourtCR. MISC./1030/2021bail granted

Ajay Thakur @ Ajey Thakur @ Ajay Sharma v. The State Of Bihar

2021-03-09Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1030 of 2021 Arising Out of PS. Case No.-497 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== AJAY THAKUR @ AJEY THAKUR @ AJAY SHARMA, S/o Yogendra Thakur R/o Village- Gahiri, Gamhariya, P.S.- Nautan, District- West Champaran ( Bettiah) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-03-2021 Heard Mr. Chandra Mohan Jha, learned Counsel for the petitioner and Mrs. Asha Kumari, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Nautan Police Station Case No. 497 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506, 379 of the Indian Penal Code.

The allegation, as per the First Information Report is that petitioner assaulted the father of the informant with Farsa on his head.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner

Patna High Court CR. MISC. No.1030 of 2021(2) dt.09-03-2021 2/3 alleged and there is previous land dispute between the parties. Learned counsel next submits that there is case and counter case between the parties inasmuch as side of the petitioner has lodged Nautan P.S. Case No.502 of 2018, Annexure-3, registered under Sections 147, 148, 149, 323, 324, 506, 307 of IPC and Section 27 of Arms Act. Learned counsel next referring to Annexure-4 series submits that injury caused to the father of the informant has been found to be simple in nature. Learned counsel further submits that petitioner is in custody since 20.06.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that there is long standing land dispute between the parties and there is case and counter case between them and the injury caused to the victim is simple in nature, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Ajay Thakur @ Ajey Thakur @ Ajay Sharma, 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 C.J.M., Bettiah, West Champaran, in connection with Nautan Police Station Case No. 497 of 2018.

Patna High Court CR. MISC. No.1030 of 2021(2) dt.09-03-2021 3/3 It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

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