Sunil Thakur @ Sunil Kumar Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62861 of 2017 Arising Out of PS.Case No. -226 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Sunil Thakur @ Sunil Kumar Thakur, S/o Late Chandra Shekhar Thakur,
2. Kundan Thakur @ Kundan Kumar Thakur S/o Nepal Thakur,
3. Dablu Thakur S/o Late Surendra Thakur, All are R/o Village- Pagheri, P.S.- Mahua, District- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Mahua PS case no. 226 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 428, 379, 504, 354/34 of the Indian Penal Code.
The allegation of the informant is that the altercation took place in between the prosecution side and the accused side on account of land dispute and the same resulted in the injury to the persons of both sides.
The learned counsel for the petitioners submits that the present case arises out of a case and counter case and the case filed
Patna High Court Cr.Misc. No.62861 of 2017 (2) dt.11-01-2018 2/2 by the petitioner was earlier in time to the case filed by the informant i.e. the present case. It is submitted that more or less the injury suffered by the informant side is simple in nature whereas the injuries received by the accused side is more or less grievous in nature. It is further submitted that the petitioners have a clean antecedent.
Having regard to the facts and circumstances of the case, more particularly the fact that the petitioners have a clean antecedent, I deem it fit and proper to enlarge the petitioners on anticipatory bail.
Accordingly, in the event of arrest or surrender within six weeks before the concerned court, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahua PS case no. 226 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) BTiwary/- U T