Bandhan Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70698 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- JAIPUR District- Banka ======================================================
1. Bandhan Thakur, S/o Moharil Thakur,
2. Moharil Thakur, S/o Late Sahadeo Thakur,
3. Kuldeep Yadav @ Kuldip Yadav, S/o Late Bhokran Yadav,
4. Gaibi Yadav, S/o Kuldeep Yadav @ Kuldip Yadav, All are resident of Village- Pallikha, P.S. Jaipur, District- Banka. ... ... 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. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,325,307,379,504 and 506/34 of the IPC. The prosecution case as per the written report of Anil Thkur, dated 8.3.2018 submitted to the SHO, Jaipur Police Station is to the effect that on 1.3.2018 at 7 P.M., all the four petitioners came to the house of the informant concerning a dispute with regard to installation of electric bulb near the house of the informant, and started abusing him and on protest being made, they assaulted the
Patna High Court Cr.Misc. No.70698 of 2018(2) dt.18-12-2018 2/3 informant with lathi and danda. It is also alleged that petitioner no. 3 snatched silver chain from the informant's wife. It is further alleged that due to the assault, the informant received fracture injury.
It is submitted by learned counsel for the petitioners that for petty dispute the accusation has been levelled. The injury report suggests that the informant received two injuries - one grievous, i.e., fracture of left tibia and the other injury being simple in nature.
Learned APP submits that there is specific accusation against the petitioners.
Considering the genesis of the occurrence and the fact that the accusation of assault is against four persons but the informant received only one grievous injury, though the medical report suggests two injuries out of which one injury is simple in nature, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM I, Banka, in connection with Jaipur P.S. Case No.7 of 2018 subject to the conditions laid down in
Patna High Court Cr.Misc. No.70698 of 2018(2) dt.18-12-2018 3/3 Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U