Patna High CourtCR. MISC./28109/2015bail granted

Raj Kishore Thakur @ Triloki Thakur And ANR v. The State Of Bihar

2015-10-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28109 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kishore Thakur @ Triloki Thakur Son of Shiv Thakur

2. Mahadeo Thakur, Son of Late Biswanath Thakur, Both residents of village- Chandrahiya, P.S.- Muffasil Motihari, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-10-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Altogether ten persons including the petitioners are named in the first information report and omnibus allegation of assault has been levelled against all the accused persons. In course of investigation, further statement of informant was recorded at para-5 of the case diary and in the said statement, informant stated that petitioner no. 2, namely, Mahadeo Thakur ordered the others and after that petitioner no. 1 and one co-accused, Pawan Kumar Thakur assaulted the deceased by iron rod causing injury on his head.

Patna High Court Cr.Misc. No.28109 of 2015 (3) dt.13-10-2015 2/2 Learned counsel for the petitioner submits that inquest report as well as post mortem report reveal that only one injury was found on the person of the deceased. It is further contended that there is case and counter case between the parties and one person from the side of the petitioners including petitioner no. 1 also sustained injury.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Muffasil Motihari P.S. Case No. 25 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T