Nandan Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55551 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== 1.

NANDAN KUMAR THAKUR Son of Dilip Thakur R/o Village- Jhajhihat, P.S.- Pupri, District- Sitamarhi.

2.

Babloo Kumar Thakur @ Babloo Kumar Son of Upendra Thakur R/o Village- Jhajhihat, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the State :

Mr.Md. Mushtaque Alam For the Informant : Mr. Dinesh Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 324 and some other minor Sections of the Indian Penal Code. As per the prosecution case, petitioner No.1 is alleged to have assaulted the informant and his son by means of fighter and petitioner No.2 is alleged to have assaulted Vikram Kumar, son of informant, with knife on his abdomen, thumb and head as a result of which they sustained injuries.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.55551 of 2021(4) dt.28-06-2022 2/2 the case. There is land dispute between the parties. Petitioners have got clean antecedent.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail. Considering the facts of the case, clean antecedent of the petitioner No.1 and the fact that injuries caused by petitioner No.1 have been found to be simple in nature, let the petitioner No.1, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupri PS case No. 106/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

Considering the fact that one of the injuries caused by petitioner No.2 has been found to be grievous in nature, prayer for anticipatory bail of petitioner No.2 is refused. (Prabhat Kumar Singh, J) BKS/- U T