Akash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48819 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== 1.

AKASH THAKUR, Son of Tunnu Thakur @ Devanand Thakur Resident of Village-Gaura, P.S.-Behea, District-Bhojpur.

2.

Prakash Thakur, Son of Tunnu Thakur @ Devenand Thakur Resident of Village-Gaura, P.S.-Behea, District-Bhojpur.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Behea P.S. Case No. 124 of 2019 registered for the offences punishable under Sections 307, 341, 323, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. FIR disclosed allegation against the petitioners of firing but that did not hit anyone and thereafter they assaulted the informant by butt portion of pistol, causing injury on his shoulder. It further appears that petitioners are accused in two other cases also.

Submission of learned counsel for the petitioners is that FIR itself disclosed that there is no firearm injury to anyone but butt portion of pistol was used and thereafter case has been

Patna High Court CR. MISC. No.48819 of 2019(2) dt.06-08-2019 2/2 compromised between the parties, which will appear from Annexure-2.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Behea P.S. Case No. 124 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioners shall not threat the informant. (Vinod Kumar Sinha, J) spal/- U T