Jagdish Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 76666 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.
Jagdish Thakur Son of Baban Thakur R/O Vill.- Khiridh, P.S.- Vijayepur, Dist.- Gopalganj.
2.
Rohit Thakur Son of Dama Thakur R/O Vill.- Khiridh, P.S.- Vijayepur, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Vijayepur P.S. Case No.25 of 2024 under Sections 341, 323, 324, 307, 354B/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 10 named accused persons including the petitioners against whom there is allegation that they in connivance with each other had surrounded the informant's house with duly weapons and attacked by fursa on head due to which he injured. The allegation against petitioner No.1 (Jagdish Thakur) that he
Patna High Court CR. MISC. No. 76666 of 2024(2) dt.06-12-2024 2/3 has also assaulted the informant.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that from the bare reading of the F.I.R., it becomes crystal clear that both informant and the petitioners are resident of the same village and land dispute was going on between the family in which early morning, dispute took place and subsequently, for resolving the dispute, second meeting was also arranged.
5. Learned Counsel further submits that there is a case and counter-case for the same date and place of occurrence. Two cases have been lodged. One from the petitioner's side i.e., Vijayepur P.S. Case No.26 of 2024 and another from the informant's side ( present case) one i.e.,Vijayepur P.S. Case No.26 of 2024 which is Annexure-P/2 of the bail petition.
6. Learned Counsel also submits that petitioners' antecedent are clean and they are ready to fulfill all the conditions whatsoever shall be imposed upon them.
7. Learned APP for the State opposes the prayer for bail.
8. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event
Patna High Court CR. MISC. No. 76666 of 2024(2) dt.06-12-2024 3/3 of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Vijayepur P.S. Case No.25 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T