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Patna High CourtCR. MISC./49754/2023allowed

Vikash Thakur v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49754 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== 1.

Vikash Thakur, aged about 18 years, Gender-Male, Son of Anand Thakur Village- Kachurbari PS- Harpur District- East Champaran 2.

Ramashankar Thakur, aged about 40 years, Gender-Male, son of Ram Oshiar Thakur Village- Kachurbari PS- Harpur District- East Champaran 3.

Ram Pravesh Thakur, aged about 42 years, Gender-Male, son of Ram Oshiar Thakur Village- Kachurbari PS- Harpur District- East Champaran 4.

Ram Ekbal Thakur, aged about 70 years, Gender- Male, son of Sukhal Thakur Village- Kachurbari PS- Harpur District- East Champaran 5.

Ravindra Thakur, aged about 70 years, son of Sukhal Thakur VillageKachurbari PS- Harpur District- East Champaran 6.

Pratima Devi, aged about 26 years, Gender-Female, wife of Sukhal Thakur Village- Kachurbari PS- Harpur District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikalp, Advocate For the State :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Adapur P.S. Case No. 71 of 2023 dated 09.03.2023 instituted under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.49754 of 2023(2) dt.11-08-2023 2/3

3. The allegation against the petitioners are that due to some land dispute, they brutally assaulted the informant and his family members causing injuries on their person and they also snatched mobile phone and some cash from the informant and his brother.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have been falsely implicated in this case. There is case and counter case between the parties. There is also land dispute between the parties. The petitioners have no criminal antecedent. Learned counsel further submits that petitioner nos. 4 and 5 are 70 years old whereas petitioner no. 6 is a woman. The petitioners are family members. The injury on the injured are simple in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 21st Additional Sessions Judge, Motihari, East

Patna High Court CR. MISC. No.49754 of 2023(2) dt.11-08-2023 3/3 Champaran in Adapur P.S. Case No. 71 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) P. Kumar U T