Satya Narayan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76801 of 2019 Arising Out of PS. Case No.-338 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Satya Narayan Thakur, S/o Ram Briksha Thakur. 2.

Ramekbal Thakur, S/o Late Bhog Raj Thakur All are resident of Village-Fatehpur Chauthai, P.S.- Mahua, DistrictVaishali. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjeev Kumar, Advocate For the Opposite Party :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-06-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. At the outset, it is pointed out by the learned counsel for the petitioners that petitioner no.2, Ramekbal Thakur has been arrested during pendency of the present application.

In that view of the matter, his application for grant of pre-arrest bail is disposed of as infructuous. By way of the present application, the petitioner no.1 has sought for pre-arrest bail in connection with Mahua P.S. Case No.338 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 427 read with 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.76801 of 2019(4) dt.22-06-2020 2/2 Learned counsel for the petitioner no. 1 submitted that he is elder brother of the injured of the present case. The medical report of his brother would suggest that he had sustained simple injury. It is further contended that there is case and counter case.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the background of the dispute, the simple nature of injury caused to the husband of the informant as also the fact that there is counter case, the petitioner no.1 namely, Satya Narayan Thakur is directed to be released on bail in the event of arrest or surrender in the court below 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.338 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T