Alok Ranjan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58241 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Alok Ranjan Thakur, Aged about 44 years, Male, Son of Shambhu Nath Thakur, Resident of Village Pojhiya, P.S. Lalganj, District Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2019 Heard both sides.

The petitioner apprehends his arrest in Lalganj P.S. Case No.47 of 2018, registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleged that he along with his brother went to harvest mustard crop but the petitioner, Alok Ranjan Thakur, Randhir Thakur and Akhilesh Thakur having armed with different weapons came and asked the informant not to harvest crop. On such, the informant suggested to hold Panchayati but the petitioner is alleged to have assaulted the informant with farsa on his head. Randhir Thakur and Akhilesh Thakur are also alleged to have assaulted the informant with different weapons on other parts of his body. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.58241 of 2019(2) dt.19-09-2019 2/3 a counter version being Lalganj P.S. Case No.48 of 2018. The petitioner is co-sharer of the informant, Vipul Thakur. The informant got only one injury on middle scalp which is superficial and simple in nature caused by hard and blunt object. The petitioner is alleged to have assaulted the informant with farsa, a sharp edged weapon. Randhir Thakur and Akhilesh Thakur are also alleged to have assaulted the informant but no other injury was found on any part of the body of the informant. Having considered the facts, it appears that on account of land dispute, both the sides engaged in assault on each other and there is a case and counter case.

The petitioner and two others are alleged to have assaulted the informant but only one injury was found on the head of the informant which is attributed to the petitioner but the injury was caused by hard and blunt object and simple in nature. The petitioner is said to have assaulted the informant with farsa, a sharp edged weapon. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged 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 A.C.J.M.

Patna High Court CR. MISC. No.58241 of 2019(2) dt.19-09-2019 3/3 Vaishali at Hajipur in connection with Lalganj P.S. Case No.47 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T