Chhotu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1592 of 2016 Arising Out of PS.Case No. -419 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Chhotu Thakur son of Sushil Thakur Resident of Village - Deoram, Police Station - Bahera, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section341, 342, 323, 324, 307, 504, 506, and 379/34 of the Indian Penal Code. The prosecution case is that when the informant was sitting at his door co-accused Sushil Thakur, Mehi Thakur and the petitioner came with deadly weapons and on the order of Sushil Thakur all the accused persons assaulted the informant with fists and slaps. It is alleged that the petitioner assaulted the informant with knife causing injury on his hand.

Co-accused Mehi Thakur also assaulted the informant with knife on his head. Co-accused Sushil Thakur assaulted the informant with Lathi causing fracture injury on his right hand. It is further alleged that Mehi Thakur took away attaché case containing clothes, cash and jewellery worth Rs.

Patna High Court Cr.Misc. No.1592 of 2016 (2) dt.13-01-2016 2/2 70,000/-.

It is submitted by the learned counsel for the petitioner that though there is specific allegation against the petitioner to have caused injury with knife on hand but the informant has not received any sharp cut injury on the hand. The informant received injury at the head which is alleged against Mehi Thakur and other three injuries have been caused by hard and blunt substance. The fracture injury caused on the hand has been attributed to Sushil Thakur.

Considering the fact that accusation against the petitioner is not being corroborated by the medical opinion, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Bahera P.S. Case No. 419 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) BKS/- U T