Vijay Thakur And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8907 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -CHAUSA District- MADHEPURA ======================================================

1. Vijay Thakur Son of Late Saryug Thakur

2. Janardan Thakur Son of Late Saryug Thakur

3. Mintu Thakur

4. Mahendra Thakur Both sons of Late Saryug Thakur

5. Niranjan Thakur Son of Late Sita Ram Thakur All resident of village - Laualagan, Police Station - Chausa, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioners apprehend their arrest in Chausa P.S. Case No. 130 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The petitioners are alleged to have assaulted the informant and his family members. Vikash Thakur is alleged to have assaulted the informant with Dabiya on his head. There is omnibus and general allegation of assault against the petitioners. Learned counsel for the petitioners submits that there is a counter version bearing Chausa P.S. Case No. 129 of 2014. The occurrence took place on account of land dispute between the

Patna High Court Cr.Misc. No.8907 of 2015 (2) dt.04-03-2015 2/2 parties. Other accused persons have been enlarged on bail by the learned Sessions Judge. There is omnibus and general allegation of assault against the petitioners.

Considering the facts aforesaid and the fact that there is case and counter case and no specific allegation of assault is made against the petitioners, they, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on 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 learned Chief Judicial Magistrate, Madhepura in connection with Chausa P.S. Case No. 130 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T