Umesh Thakur @ Amesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75714 of 2019 Arising Out of PS. Case No.-241 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

UMESH THAKUR @ AMESH THAKUR Son of Late Asharfi Thakur Resident of Mohalla -Nawada, Ward No. 10, P.S.- Naugachia, Distt - Bhagalpur.

2.

Chandan Kumar Son of Umesh Thakur @ Amesh Thakur Resident of Mohalla - Nawada, Ward No. 10, P.S.- Naugachia, Distt - Bhagalpur. 3.

Kundan Kumar Son of Umesh Thakur @ Amesh Thakur Resident of Mohalla - Nawada, Ward No. 10, P.S.- Naugachia, Distt - Bhagalpur. 4.

Rima Devi Wife of Umesh Thakur @ Amesh Thakur Resident of Mohalla - Nawada, Ward No. 10, P.S.- Naugachia, Distt - Bhagalpur. 5.

Om Prakash Thakur Son of Late Chhotelal Thakur Resident of Mohalla - Nawada, Ward No. 10, P.S.- Naugachia, Distt - Bhagalpur. 6.

Manju Devi Wife of Om Prakash Thakur Resident of Mohalla - Nawada, Ward No. 10, P.S.- Naugachia, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2019 At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 2 in order to enable him to surrender before the court below and seek regular bail.

Accordingly, the present petition qua the petitioner no. 2 stands dismissed as not pressed.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

Patna High Court CR. MISC. No.75714 of 2019(3) dt.16-12-2019 2/3 This is an application for grant of anticipatory bail in connection with Naugachia P.S. Case No. 241 of 2017 registered for the offence punishable under Sections 147, 148, 149, 504, 323, 379 and 307 of the Indian Penal Code.

The allegation is regarding the accused persons having arrived at the house of the informant and engaged in assaulting the informant. The specific allegation of hitting on the head of the informant by a brick is on the co-accused, namely, Chandan Kumar, who is the petitioner no. 2 herein.

The learned counsel for the petitioners submits that on account of land dispute, quarrel had taken place, however, the injury found on the person of the informant is simple in nature and as far as the other petitioners, except petitioner no. 2, are concerned, they are admittedly not having complicity in the matter. The petitioners are stated to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner nos. 1 and 3 to 6, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)

Patna High Court CR. MISC. No.75714 of 2019(3) dt.16-12-2019 3/3 each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Naugachia, DistrictBhagalpur / Successor Court in connection with Naugachia P.S. Case No. 241 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T