Ram Ayodhya Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29886 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ram Ayodhya Thakur, son of late Keshwar Thakur,
2. Mantu Thakur, son of late Keshwar Thakur,
3. Prabhu Thakur, son of late Keshwar Thakur,
4. Pravesh Thakur, son of late Keshwar Thakur, all are residents of village - Garabhua Lala Tola, Police Station - Chanpatia (Sirisiya O.P.), District - West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP Mr. Bharat Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 11-07-2017 Heard learned counsel for the Petitioners and the State as well as counsel for the informant.
The Petitioners apprehend their arrest in Chanpatia (Sirsiya OP) P.S. Case No.40 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 342, 323, 308, 379, 504 Indian Penal Code.
As per written report, on account of land dispute, the petitioners, who are Pattidars, abused the informant. It is further alleged that on the order of petitioner No.1, all the accused persons assaulted with lathi and Phattha and petitioner No.1 put a rope around the neck of the informant and started
Patna High Court Cr.Misc. No.29886 of 2017 (2) dt.11-07-2017 2/3 pressing his neck with the help of his son, Mantu Kumar, on account of which informant started screaming and the accused persons took out Rs.1200/- from the pocket.
Injury Report has been annexed as Annexure-2, wherein, the doctor has found all the injuries as simple in nature. From the written report itself, it appears that there is land dispute between the parties, who are Pattidars. There is general and omnibus allegation against the petitioners. 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 Chanpatia (Sirsiya OP) P.S. Case No.40 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 Additional Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.29886 of 2017 (2) dt.11-07-2017 3/3 automatically cancel bail bond of the petitioners and (3) if petitioners tampers 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