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Patna High CourtCR. MISC./44801/2022allowed

Chunnu Thakur v. The State Of Bihar

2023-01-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44801 of 2022 Arising Out of PS. Case No.-233 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Chunnu Thakur Son Of Late Lakhindra Thakur R/O Village- Kishunpur Mohini, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 427, 379, 354(B), 504, 506 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with co-accused persons, variously armed, came to the door of informant and started abusing. They assaulted the informant and his family members due to which they sustained injuries. Specific

Patna High Court CR. MISC. No.44801 of 2022(3) dt.09-01-2023 2/3 allegation against petitioner is that he assaulted one Machu Thakur by means of lathi, due to which he sustained head injuries and injuries on hand & leg. Coaccused Brajesh Thakur and Sonu Kumar dragged the lady member of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 14.05.2022. It is further submitted that both parties are agnates and there is land dispute between them. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. It is further submitted that injuries sustained by Machu Thakur is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.44801 of 2022(3) dt.09-01-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with kudhani P.S. Case No. 233 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Muzaffarpur West.

(Sunil Kumar Panwar, J) nirajkrs/- U T