Pinku Thakur @ Pinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48424 of 2022 Arising Out of PS. Case No.-1005 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Pinku Thakur @ Pinku Kumar Thakur S/o Upendra Thakur Resident of Village- Bijulpur, P.S.- Turkaulia, District- East Champaran. 2.

Anshu Thakur @ Anshu Kumar Thakur S/o Upendra Thakur Resident of Village- Bijulpur, P.S.- Turkaulia, District- East Champaran. 3.

Niraj Thakur @ Niraj Kumar Thakur S/o Wakil Thakur Resident of VillageBijulpur, P.S.- Turkaulia, District- East Champaran. 4.

Upendra Thakur S/o Late Fuldeo Thakur Resident of Village- Bijulpur, P.S.- Turkaulia, District- East Champaran.

5.

Wakil Thakur S/o Fuldeo Thakur Resident of Village- Bijulpur, P.S.- Turkaulia, District- East Champaran.

6.

Rintu Thakur @ Mukesh Kumar S/o Rupnarayan Thakur Resident of Village- Bijulpur, P.S.- Turkaulia, District- East Champaran. 7.

Mantu Thakur S/o Braj Kishore Thakur Resident of Village- Bijulpur, P.S.- Turkaulia, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Turkauliya P.S. Case no. 1005 of 2021 instituted for the offence punishable under Sections 341, 323, 379, 307, 504, 506, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.48424 of 2022(2) dt.15-12-2022 2/3 As per allegation in the FIR, the informant along with his brother were going to market, the petitioner along with other co-accused persons stopped them and started assaulting by means of iron rod, due to which they sustained injury. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to previous enmity. There is case and counter case, both parties sustained injury as alleged in separate occurrence. From perusal of the injury report, it is apparent that the injury sustained by injured is simple in nature which is annexed as Annexure-4 series.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Turkauliya P.S. Case no. 1005 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.48424 of 2022(2) dt.15-12-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) aman/shubhamU T