Upendra Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38961 of 2018 Arising Out of PS.Case No. -102 Year- 2018 Thana -SIMRI District- BUXAR ======================================================

1. Upendra Thakur, S/o Late Ghamla Thakur,

2. Yogesh Thakur S/o Sri Bhagwan Thakur,

3. Jeetendra Thakur @ Jitendra Thakur S/o Late Ghamla Thakur, All are R/o Vill.- Manikpur, P.S.- Simri, District- Buxar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Simri (T.R.H.O.P.) P. S. Case No. 102 of 2018, registered for offences punishable under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and 27 of Arms Act.

Allegation against the petitioners along with other coaccused, Bhagwan Thakur opened fired from pistol upon the son of the informant, causing abdominal injury.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners of firing. It is also submitted that there is a case and counter case filed by the petitioner No. 1 with respect to the present case and the FIR has been lodged after one day delay of the alleged occurrence.

Patna High Court Cr.Misc. No.38961 of 2018 (2) dt.10-07-2018 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances the case and allegation of firing is against one coaccused, Bhagwan Thakur, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) each with two sureties of the like amount each in connection with Simri (T.R.H.O.P.) P.S. Case No. 102 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions laid down under Section 438 (2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T