Ram Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79092 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Ram Kumar Thakur, Son of Late Ram Bahadur Thakur Resident of Village - Saho, P.S.- Biraul, Distt.- Darbhanga.

2.

Ganga Prasad Thakur @ Murari Thakur Son of Sri Krishna Kumar Thakur Resident of Village - Saho, P.S.- Biraul, Distt.- Darbhanga. 3.

Gobind Thakur @ Bachcha Babu Thakur @ Govind Kumar Thakur Son of Krishna Kumar Thakur Resident of Village - Saho, P.S.- Biraul, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. In this case, the petitioners are seeking anticipatory bail in connection with Biraul P.S. Case No.197 of 2019, registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Allegation has been made that the petitioners have assaulted the victim by different weapons.

Counsel for the petitioners submits that allegation against the petitioner nos. 2 and 3 is to have assaulted by iron

Patna High Court CR. MISC. No.79092 of 2019(2) dt.11-12-2019 2/3 rod to the victim causing grievous head injury and the allegation against the petitioner no.1 is to have caused injury to the nephew of the informant by spear, which has been found to be abrasion on the nose and other injuries are simple in nature. Considering the nature of allegation, let the petitioner no.1, namely, Ram Kumar Thakur, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Darbhanga in connection with Biraul P.S. Case No.197 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Further condition is that whenever the police will call the petitioner no.1 for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

So far the bail of petitioner nos. 2 and 3 is concerned, the same is rejected. However, if the petitioner nos. 2 and 3 surrender before the Court below within four weeks from today

Patna High Court CR. MISC. No.79092 of 2019(2) dt.11-12-2019 3/3 and pray for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) V.K.Pandey/- U T