Amit @ Tinku And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.42073 of 2015 (2) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42073 of 2015 Arising Out of PS.Case No. -159 Year- 2015 Thana -MOTIHARI MUFFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Amit @ Tinku Son of Om Prakash Thakur

2. Jayshankar Thakur @ Gabbar S/o Raj Kishore Thakur

3. Bhaskar Kumar @ Bhaskur @ Suraj Kumar S/o Sanjay Thakur

4. Sudhansu Thakur

5. Sudhir Thakur Both S/o Ramdaras Thakur

6. Vijay Thakur,

7. Vinay Thakur Both S/o of Late Udbudh Thakur All Residents of Village-Mishrauliya, P.S.-Chiraya, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-10-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Amit @ Tinku, Jayshankar Thakur @ Gabbar, Bhaskar Kumar @ Bhaskur @ Suraj Kumar, Sudhansu Thakur, Sudhir Thakur, Vijay Thakur and Vinay Thakur who apprehend their arrest in Motihari Muffasil P.S. Case No.159 of 2015 under Sections 341, 323, 324, 307, 342, 379 and 504/34 of the Indian Penal Code.

According to the F.I.R., all the accused persons

Patna High Court Cr.Misc. No.42073 of 2015 (2) dt.13-10-2015 surrounded the informant while he was returning by motorcycle and assaulted with Khukhri(sharp cutting weapon) with intention to murder him. When his nephew came, the accused persons also assaulted with Chura.

According to the learned counsel for the petitioners, there is land dispute between the parties as they are Gotias and all the injuries found on the person of either the informant or on the person of the nephew of the informant are simple and superficial injuries.

Considering the nature of allegation and the fact that all the injuries found on the persons are superficial and simple in nature and that there is land dispute between the parties and both the parties are Gotias, I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioners on bail on furnishing bail bond of Rs.5,000/-(Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran in connection with Motihari Muffasil P.S. Case No.159 of 2015. (Mungeshwar Sahoo, J) Saurabh/- U T