Upendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65494 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- BARHAT District- Jamui ====================================================== 1.
Upendra Thakur S/O Late Jay Narayan Thakur R/o - Barhat, P.S - Barhat, District - Jamui 2.
Rohit Thakur @ Rohti Kumar S/O Late Ramashish Thakur @ Ramashish Sharma R/o - Barhat, P.S - Barhat, District - Jamui. At present residing at Room No. 253, Shastri Nagar, Western Express Hire Road, Near Oriental Hotel, Domestic Air Port, East Vile Parle, East Mumbai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Barhat P.S. Case No. 06 of 2024 dated 27.01.2024, instituted for the offence punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the date of occurrence a scuffle took place between the informant and Rohit Thakur. Thereafter, the family members of Rohit Thakur armed with sticks, rods, axes in their hand started assaulting the informant. Petitioner no. 1 assaulted with tangi on the head of the informant and petitioner no. 2 assaulted with rod on the head
Patna High Court CR. MISC. No.65494 of 2024(2) dt.01-10-2024 2/3 of one Baldev Thakur.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is case and counter case between the parties. Counter case has been lodged by Rinku Devi, daughter of the Ramashish Thakur bearing Barhat P.S. Case No. 05 of 2024 dated 27.01.2024 for offence punishable under Section 307 and other allied sections. It is submitted that the doctor has opined that nature of injury upon all the injured persons are simple in nature. It is submitted that there is no mention about the nature of injury of the informant in the impugned order. Lastly, it has been submitted that they have no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Barhat P.S. Case No. 06 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.65494 of 2024(2) dt.01-10-2024 3/3 learned C.J.M., Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T