Kanhaiya Thakur @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68673 of 2022 Arising Out of PS. Case No.-342 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Kanhaiya Thakur @ Kanhaiya Kumar S/O Sheshnath Thakur Resident of village- Siswar, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 19.07.2022 in connection with Phulparas P.S. Case No. 342 of 2022, F.I.R. dated 18.07.2022 for the offences punishable under Sections 448, 341, 323, 324, 307, 354(B), 379, 504/34 of the Indian Penal Code.

According to prosecution case, the petitioner along with other accused persons entered into the courtyard of the informant and assaulted the informant and his family members including his son and daughter-in-law. It is further stated that by means of tengari, the petitioner assaulted the son of the

Patna High Court CR. MISC. No.68673 of 2022(4) dt.11-05-2023 2/3 informant due to which he sustained grievous injury. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. itself that due to admitted land dispute, the present occurrence took place and there is case and counter case between the parties and they are agnate. He further submits that it also appears from the F.I.R. that the allegation against the petitioner is that he assaulted with the tengari to Ram Udgar Thakur who is son of the informant and he sustained injury. He further submits that the injury report of Ram Udgar Thakur suggests that the injury is caused by hard and semi sharp object and it is greivous in nature.

He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 19.07.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.68673 of 2022(4) dt.11-05-2023 3/3 connection with Phulparas P.S. Case No. 342 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T