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Patna High CourtCR. MISC./48699/2023dismissed

Rabindra Thakur v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48699 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Rabindra Thakur S/O Late Ramadhar Thakur R/O Village- Balganga, P.SRaghunathpur(O.P.), Distt.- East Champaran. 2.

Manish Kumar Thakur S/O Rabindra Thakur R/O Village- Balganga, P.SRaghunathpur(O.P.), Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma Mr. Abhishek Kumar For the Informant Mr. Shashi Bhushan Pandey For the State :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 307, 385, 379, 325, 504, 506 of the Indian Penal Code.

3. Petitioners are said to have assaulted the informant by means of spade causing fracture of his right hand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained

Patna High Court CR. MISC. No.48699 of 2023(4) dt.21-12-2023 2/2 injury. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposing the prayer for bail submits that the injury found upon the victim is grievous in nature.

6. Considering the nature of injury, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No. 395 of 2023. (Anjani Kumar Sharan, J) devendra/- U T