Sunil Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81535 of 2023 Arising Out of PS. Case No.-210 Year-2020 Thana- KOTWA District- East Champaran ====================================================== 1.
Sunil Thakur Son Of Late Sharda Thakur R/O Vill - Khajuria, P.S. - Govindganj, Dist. - East Champaran 2.
Ram Perwesh Thakur Son Of Late Sharda Thakur R/O Vill - Khajuria, P.S. - Govindganj, Distt. - East Champaran 3.
Sidharth Thakur Son Of Sunil Thakur R/O Vill - Khajuria, P.S.- Govindganj, Distt. - East Champaran 4.
Nitesh Kumar S/O Ram Pravesh Thakur R/O Vill - Khajuria, P.S. - Govindganj, Distt. - East Champaran 5.
Muslim Mian Son Of Khalil Mian R/O Vill - Khajuria, P.S. -Govindganj, Distt. - East Champaran 6.
Naveen Thakur Son Of Vijay Thakur R/O Vill - Khajuria, P.S. - Dumariaghat, Distt. - East Champaran 7.
Shambhu Pandey Son Of Late Bijuli Pandey R/O Vill - Bangra, P.S. - Kotwa, Distt. - East Chamapran 8.
Lalima Devi Wife Of Shambhu Pandey R/O Vill - Bangra, P.S. - Kotwa, Distt. - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Kotwa P.S. Case No. 210 of 2020, dated 29.06.2020, instituted for the offence punishable under Sections 147, 148, 149, 323, 324, 325, 379, 307, 447, 504, 506 of the Indian Penal Code and
Patna High Court CR. MISC. No.81535 of 2023(3) dt.07-03-2024 2/3 Section 27 of the Arms Act.
3. The allegation against the petitioners is that, they entered the house of the informant armed with weapons and assaulted the informant and his family member due to which informant's side received grievous injuries. It is further alleged that the petitioners took away a suitcase containing gold ornaments and other costly articles.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioners are neighbours. It is further submitted that there is a case and counter case between the parties filed by petitioner no. 8 for the same occurrence on 29.06.2020 against the informant and his family members. It is further stated that both the sides have received injuries. It is next submitted that the injuries received by informant's side are found to be simple in nature. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in
Patna High Court CR. MISC. No.81535 of 2023(3) dt.07-03-2024 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kotwa P.S. Case No. 210 of 2020, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-10, East Champaran, Motihari, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T