Ravikant Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4830 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

RAVIKANT THAKUR SON OF RAMESH THAKUR RESIDENT OF VILLAGE - BHAPTIYAHI, P.S. - BHAPTIYAHI, DISTRICT - SUPAUL 2.

TARAKANT THAKUR @ TARAKANT @ BHOLA KUMAR @ BHOLA THAKUR SON OF RAMESH THAKUR RESIDENT OF VILLAGE - BHAPTIYAHI, P.S. - BHAPTIYAHI, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bhaptiyahi PS case no. 123 of 2023, disclosing offences punishable under Sections 341, 323, 324, 379, 308, 504/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that the petitioners assaulted the son of the informant on his head by means of iron rod, due to which, blood started oozing out.

4.

Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to land dispute and the genesis of occurrence is throwing of garbage near

Patna High Court CR. MISC. No.4830 of 2024(2) dt.17-02-2024 2/2 the house of the informant. He further submits that both parties are agnates and injury caused to the son of the informant are simple in nature, as would be evident from Annexure-3.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are agnates, there is land dispute between them and the injury caused to the son of the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Bhaptiyahi PS case no. 123 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T