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Patna High Court/71241/2023bail granted

Ravi Kumar Thakur v. The State Of Bihar

2023-11-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71241 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== RAVI KUMAR THAKUR S/O DEEP NARAYAN THAKUR VILLAGEGADHIYA , WARD NO. 04, PS. KUMARKHAND, DIST. MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate.

For the Opposite Party/s:

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Kumarkhand P.S. Case No. 266 of 2023 dated 2.7.2023 registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner, his coaccused brother and the wife of the co-accused abused and assaulted the informant who is father of the petitioner. The assailants struck on the head of the informant with an iron utensils (Turner) and they also hit the wife of the informant on her head with lathi. Further allegation against the petitioner is that he took away Rs.70,000/- from the pocket of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71241 of 2023(2) dt.09-11-2023 2/3 petitioner is innocent and has falsely been implicated in this case. There is specific allegation against the petitioner of hitting on the head of the informant but the injury report shows a lacerated wound on frontal head with body pain and the injury on the head is stated to be simple. There is no injury report of the wife of the informant. Learned counsel further submits that it is a case of family dispute due to selling of ancestral land by the informant. However, the matter has been amicably settled between the parties. The petitioner is in custody since 31.7.2023 and charge sheet has been submitted. The petitioner has got clean antecedent.

5. Learned APP opposes the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura, in connection with Kumarkhand P.S. ase No. 266 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure

Patna High Court CR. MISC. No.71241 of 2023(2) dt.09-11-2023 3/3 and also the following conditons:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) S.Ali/- U T