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Patna High CourtCR. MISC./67457/2018bail granted

Abhay Thakur @ Chhote Thakur And ANR v. The State Of Bihar

2018-11-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67457 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- BASOPATTI District- Madhubani ======================================================

1. Abhay Thakur @ Chhote Thakur, Son of Rajendra Thakur,

2. Rishikesh Kumar Thakur, Son of Rajendra Thakur, Resident of Village- Jaso, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan Fro the informant :

Mr. Binod Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was returning from mango orchard, he was abused and assaulted by the accused persons due to which he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.67457 of 2018(2) dt.22-11-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Counsel for the informant has vehemently opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Madhubani in connection with Basopatti P.S. Case No. 122 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T