Pramod Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49652 of 2017 Arising Out of PS. Case No.-271 Year-2017 Thana- SIKARPUR District- West Champaran ======================================================
1. Pramod Thakur son of Shiv Thakur,
2. Dinesh Thakur son of Shiv Thakur, Both are residents of VillageJamuniya, Police Station- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. SRI SANJAY KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2017 Heard learned counsels for the petitioner, the State and the informant.
Petitioners apprehend arrest in connection with Shikarpur P.S. Case No. 271 of 2017 registered for the offence punishable under sections 341, 323, 324, 307/34 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case due to admitted land dispute. There is case and counter case between the parties. Petitioner no. 1 is a Government Teacher. Petitioners have no criminal antecedent.
Learned Addl. P.P. appearing for the State and the counsel appearing for the informant opposes the prayer for bail and submits that there is specific allegation of assault against
Patna High Court Cr.Misc. No.49652 of 2017(5) dt.19-12-2017 2/2 petitioner no. 1 which is supported by the injury report. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no.2, above named, in the event of arrest or surrender within a period of four weeks from today, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 271 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C. However, considering the nature of allegations levelled against petitioner no. 1 which is supported by the injury report, this Court is not inclined to grant him the privilege of anticipatory bail. His prayer for anticipatory bail is, therefore, rejected.
(Arvind Srivastava, J) mcv/- U T