Sanjay Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89172 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- SARAI District- Vaishali ====================================================== Sanjay Thakur Son of Late Jagarnath Thakur R/o- Village- Darveshwar @ Darveshpur (Anjani), P.S.- Sarai, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar, Advocate.
For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard Mr. Manish Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anand Kishore Choudhary, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Sarai P.S. Case No. 117/2024 registered for the offence(s) punishable under Sections 341, 323, 324, 325, 326, 307, 354, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, all the accused persons including the petitioner had assaulted the informant and her family members, as a result of which, they sustained injuries. Further allegation is that the accused persons also outraged the modesty of the daughter of the informant when she came to rescue her mother.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.89172 of 2024(2) dt.17-01-2025 2/3 petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that there is case and counter case between the parties, as the petitioner has also lodged an FIR being Sarai P.S. Case No.109 of 2024, alleging therein that he was brutally assaulted by the informant's side, resulting into head injury and when his wife came to rescue him, they outraged her modesty. Learned counsel further submits that due to land dispute, both the parties entered into fierce fight during which, in self defence, the petitioner may have caused some injury on the informant without any intention. Petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made in the FIR and also the fact that there is case and counter case between the parties, petitioner has clean antecedent, he in self defence may have caused some injury on the informant without any intention, I am of the opinion that the petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of six weeks
Patna High Court CR. MISC. No.89172 of 2024(2) dt.17-01-2025 3/3 from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Sarai P.S. Case No. 117/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T