Rambabu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56505 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAMBABU THAKUR, Son of Chandra Shekhar Thakur Resident of VillageBalsandi Tara, P.S-Bibhutipur, District-Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Ranjan For the Opposite Party/s :
Mr.Pushpa Sinha1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner as well as learned Addl. P.P.
Informant/injured, Pankaj Kumar Jha, filed written report on 08.06.2019 disclosing therein that Rambabu Thakur armed with Khanti, Shyam Babu Thakur armed with Hasua along with their father, Chandrashekhar Thakur were engaged in keeping wine bottle contiguous to his house whereupon, he protested and in the aforesaid background, on the order of Chandrashekhar Thakur, Rambabu Thakur gave Khanti blow over his head, as a result of which, he sustained injury over his head. He became unconscious and fell down. Shyambabu Thakur also inflicted Hasua blow, as a result of which, he became severely injured. Informant was taken to hospital and as per para 12 of case diary, he had sustained (i) incised wound on
Patna High Court CR. MISC. No.56505 of 2019(30) dt.11-12-2019 2/3 head 7cm x 1cm x scalp deep (ii) lacerated wound on head 4 cm x 1cm x scalp deep (iii) swelling on head 10cm x 7cm. Injury nos. (i) and (ii) have been found simple caused by sharp cutting weapon while injury no. (iii) caused by hard and blunt substance and opinion of the nature, he was advised to have x-ray of the head but, as is evident, in spite of submission of the chargesheet, no such x-ray report has been filed. From the case diary, it is evident that victim had filed written report after coming to police station. From para 13, it is evident that at that very time, accused of instant case, Chandrashekhar Thakur as well as Rambabu Thakur (petitioner) came at the police station in injured condition and they also filed written report whereupon, Bibhutipur P.S. Case No.
118/2019 has been registered and presence of the injury over these persons is found duly corroborated by the order-sheet dated 09.06.2019 drawn by the learned Judicial Magistrate. During course of remanding the petitioner as well as Chandrashekhar Thakur, who is the aggressor, is the subject-matter of trial.
In the aforesaid facts and circumstances of the case, petitioner, Rambabu Thakur, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.56505 of 2019(30) dt.11-12-2019 3/3 A.C.J.M., Rosera, Samastipur, in connection with Bibhutipur P.S. Case No. 117/2019.
(Aditya Kumar Trivedi, J) rakhi/- U T