Patna High CourtCR. MISC./4512/2024bail granted

Ganesh Thakur v. The State Of Bihar

2024-02-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4512 of 2024 Arising Out of PS. Case No.-692 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ganesh Thakur S/O LATE JAGAT THAKUR VILLAGE- ISMAILPUR, PS. SADAR HAJIPUR, DISTT. VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No.692/2023 registered for the offence punishable under Sections 341, 307 and 34 of the Indian Penal Code & Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is own uncle of the informant and brother of the injured. It is next submitted that on account of dispute relating to property the present occurrence is alleged to have taken place, wherein it is alleged that this petitioner assaulted the father of the informant (who is own brother of the petitioner) by lathi causing injury on hand and the injury was found simple in nature, as such, Section 307 of the Indian Penal Code is not

Patna High Court CR. MISC. No.4512 of 2024(2) dt.19-02-2024 2/2 attracted though there is allegation in the F.I.R that the petitioner attempted to assault the father of the informant on his head but he blocked and received injury on hand.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is the uncle of the informant and are having land dispute, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.692/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T