← Library
Patna High CourtCR. MISC./41394/2014bail granted

Dinesh Thakur And ORS. v. The State Of Bihar

2015-03-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41394 of 2014 Arising Out of PS.Case No. -11 Year- 2013 Thana -BISHUNPUR District- DARBHANGA ======================================================

1. Dinesh Thakur Son of Ram Bharosh Thakur

2. Laxmi Thakur Son of Late Basudeo Thakur

3. Kailash Thakur Son of Laxmi Thakur

4. Lallan Thakur Son of Laxmi Thakur

5. Prabhat Thakur Son of Dinesh Thakur R/o Village Rupaulighat, P.S. Bishanpur, District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Kumar Prasad, Advocate : Mr. Shyama Singh, Advocate For the Opposite Party/s : Mrs Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Bishanpur P.S. Case No.11 of 2013 registered for the offences punishable under sections 341, 323, 307 and 504 read with 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the present case is counter blast of Bishanpur P.S. Case No.9 of 2013 lodged by petitioner no.1 in which informant is one of the accused. He has submitted that on conclusion of investigation the police submitted charge-sheet for the offences punishable under

Patna High Court Cr.Misc. No.41394 of 2014 (2) dt.27-03-2015 2/2 sections 341, 323, 307, 504 and 506 read with 34 of the Indian Penal Code which are bailable in nature but the learned Magistrate has differed with the police report and took cognizance of the offences punishable under sections 341, 323, 307 and 504 read with 34 of the Indian Penal Code.

Regard being had to the facts and circumstances of the case, let the above named petitioners, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds 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 Bishanpur P.S. No.11 of 2013 subject to the conditions as laid down under section 438(2) Cr.P.C.

(Ashwani Kumar Singh, J) Md.S./- U T