Bhani Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18871 of 2018 Arising Out of PS.Case No. -254 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Bhani Thakur,

2. Bishwanath Thakur @ Vishwanath Thakur, both sons of late Raja Thakur,

3. Jani Thakur,

4. Chhotu Kumar @ Chhotu Thakur, both sons of Vishwanath Thakur,

5. Pappu Kumar, S/o Rameshwar Thakur, all are r/o village- Chakaku, P.S.- Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No.2, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bhagwanpur P.S. Case No.254 of 2017 instituted for the offence under Section(s) 341, 323, 324, 308, 354, 379/34 Indian Penal Code. Counsel for the petitioners submits that petitioners have clean antecedents. Petitioners and the Informant are neighbours and they have land dispute. Complaint Case No.1641 of 2011 was lodged from the petitioners' side against the Informant and his family member, which is still pending. All the injuries found on the person of the injured were simple in nature. The Doctor has not found any injury caused by sharp cutting

Patna High Court Cr.Misc. No.18871 of 2018 (3) dt.25-04-2018 2/2 weapon.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bhagwanpur P.S. Case No.254 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T