Shivendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59504 of 2022 Arising Out of PS. Case No.-859 Year-2021 Thana- SUPAUL District- Supaul ====================================================== 1.

SHIVENDRA THAKUR S/O LATE LAXMI THAKUR Resident of villageBaruari, P.S.- Supaul, District- Supaul. 2.

JIVENDRA THAKUR S/O LATE LAXMI THAKUR Resident of villageBaruari, P.S.- Supaul, District- Supaul. 3.

UPENDRA THAKUR S/O LATE LAXMI THAKUR Resident of villageBaruari, P.S.- Supaul, District- Supaul. 4.

ASHOK KR. THAKUR S/O SIKANDRA THAKUR Resident of villageBaruari, P.S.- Supaul, District- Supaul. 5.

RANJEET THAKUR S/O SURENDRA THAKUR Resident of villageBaruari, P.S.- Supaul, District- Supaul. 6.

MANISH THAKUR S/O SURENDRA THAKUR Resident of villageBaruari, P.S.- Supaul, District- Supaul. 7.

PAPPU THAKUR @ PAPPU KR. THAKUR S/O SHIVENDRA TAHKUR Resident of village- Baruari, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP.

Mr. Arun Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 325, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, petitioners along with other co-accused

Patna High Court CR. MISC. No.59504 of 2022(3) dt.30-01-2023 2/3 persons assaulted the informant side. Petitioner no.1 is said to have fired upon the informant with an intention to kill the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity. There is case and counter case between the parties. The injury sustained by Babul Kumar is grievous in nature whereas rest of the injured persons sustained simple injury. Though the petitioner no.1 had fired but none of the injured persons sustained any injury due to alleged firing made on behalf of him. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail and submits that Babul Kumar sustained grievous injury. Having regard to the facts and circumstances of the case, since there is case and counter case between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.59504 of 2022(3) dt.30-01-2023 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Supaul P.S. Case No. 859 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T