Thakur Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76826 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- THAWE District- Gopalganj ====================================================== Thakur Ram Son of Dina Nath Ram R/O- Pithauri, P.S.- Thawe, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 329(3), 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S.

3. Allegation in the first information report is that the accused persons came variously armed and on the order of the petitioner, one Ram Lakhan assaulted by means of sharp cutting weapon on the head of the informant causing injury and when the son intervened, he was also assaulted.

4. Learned counsel for the petitioner submits that it would be apparent from the first information report itself that specific allegation of resorting to assault is upon Ram Lakhan and the petitioner is said to be the order giver. It is also a fact that there is a counter version of this case being Thawe P.S. Case No. 23 of 2025 based on the application of the wife of petitioner. As a matter

Patna High Court CR. MISC. No.76826 of 2025(2) dt.27-11-2025 2/2 of fact, it was the informant side which was the aggressor and the injuries were caused on the accused side also. Further, the injury report of the informant and his son (Annexure-2 and 3) would indicate that the injuries are simple in nature.

5. Learned APP for the State has opposed the application for bail of the petitioner on the grounds mentioned in the first information report.

6. Taking into consideration the facts and circumstances and also considering the fact that there is no specific allegation of assault upon this petitioner coupled with the fact that there is case and counter case, let the above named petitioner, who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Thawe P.S. Case No. 28 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) devendra/- U T