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Patna High CourtCR. MISC./44289/2017bail granted

Santosh Thakur @ Santosh Kumar And ANR v. The State Of Bihar

2017-09-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44289 of 2017 Arising Out of PS. Case No.-142 Year-2017 Thana- SARAI District- Vaishali ====================================================== 1.

Santosh Thakur @ Santosh Kumar, 2.

Nitesh Thakur @ Nitesh Kumar Both Sons of Shambhu Thakur, R/o Village- Manibhakurahar, P.S.- Sarai, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. SRI ARUN KUMAR SINGH -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sarai P. S. Case No. 142 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioner Santosh Thakur assaulted the informant with Farsa on his head and the petitioner no. 2 and others assaulted with fat and slaps and snatched gold chain and further allegation against petitioner no. 2 Nitesh Thakur is that he assaulted the brother of the informant with Farsa.

Submission is of false implication and that there is case

Patna High Court Cr.Misc. No.44289 of 2017(2) dt.21-09-2017 2/2 and counter case, the injury caused to the informant is simple, the injury caused to the brother of the informant is also simple, the prosecution story as alleged is not true and as such the petitioners deserve sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai P. S. Case No. 142 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T