Vishwanath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67445 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Vishwanath Thakur Son of Late Gajadhar Thakur R/O Village- Chakaku, P.S.- Bhagwanpur, Dist.- Vaishalil.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bhagwanpur PS case no. 166 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 08.06.2024, petitioner along with others arrived at the house of the informant, abused him and subsequently, on the same day at about 8.30 am, again all the named accused persons including the petitioner came to the house of informant and petitioner assaulted the father of the informant with rod on his head and other accused persons assaulted the informant.

Patna High Court CR. MISC. No.67445 of 2024(2) dt.23-10-2024 2/3 4.

Learned Counsel for the petitioner submits that there is long-standing dispute/ enmity between the parties, inasmuch as both the parties are co-villagers. Learned counsel further submits that counter case has also been lodged by the side of the petitioner bearing Bhagwanpur PS Case No. 160 of 2024. He next submits that the injury caused to the informant's father is simple in nature, as would be evident from the impugned order itself.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-villagers, there is previous dispute between them, counter case has been lodged by the side of the petitioner against the informant and others and injury caused to the informant's father is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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 learned A.C.J.M.-VIth, Vaishali at Hajipur in connection with Bhagwanpur PS case no. 166 of 2024, subject

Patna High Court CR. MISC. No.67445 of 2024(2) dt.23-10-2024 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T