Tirthanand Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27409 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Tirthanand Thakur,
2. Chaturanand Thakur,
3. Panchanand Thakur, 1 to 3 sons of Late Chhedi Thakur,
4. Rohit Thakur, s/o Sri Sushil Thakur,
5. Vikash Jha @ Vikash Kumar Jha, s/o Late Bom Shankar Jha,
6. Subash Jha @ Subhas Chandra Jha, s/o Sri Dev Kant Jha,
7. Mithilesh Jha @ Mithilesh Kumar Jha, s/o late Upendra Jha,
8. Banshi Mishra @ Banshidhar Mishra, s/o Sri Birendra Mishra,
9. Ratan Jha @ Ratan Mishra @ Ratan Kumar, s/o Sri Indu Mohan Jha, All resident of Mohalla- Koshik Nagar, Chunnapur Road, Purnia, P.S.- K. Hat, District- Purnia.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kanti Jha, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 27-06-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in K. Hat P.S. Case No. 175 of 2018, instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 325, 379, 354, 504, 506 and 384 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the instant case is a counter blast of K. Hat P.S. Case No. 174 of 2018 lodged by the petitioner No.1 against the informant and
Patna High Court Cr.Misc. No.27409 of 2018 (4) dt.27-06-2018 2/3 others.
In the instant case there is general and omnibus allegation against these petitioners that all these petitioners assaulted the informant with fists, slaps, lathi etc. Case dairy has been received.
The learned APP has submitted that the injury report of informant is available in paragraph 17 of the case diary wherein the Doctor has found simple injury on the person of the informant caused by hard and blunt substance.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with K. Hat P.S. Case No. 175 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates
Patna High Court Cr.Misc. No.27409 of 2018 (4) dt.27-06-2018 3/3 without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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