Ganesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3949 of 2025 Arising Out of PS. Case No.-418 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Ganesh Thakur S/o Late Basudeo Thakur R/o Village - Vishunpura, P.S.- Harsidhi, District- East Champaran.

2.

Rup Narayan Thakur S/o Late Basudeo Thakur R/o Village - Vishunpura, P.S.- Harsidhi, District- East Champaran.

3.

Mangal Thakur S/o Late Basudeo Thakur R/o Village - Vishunpura, P.S.- Harsidhi, District- East Champaran.

4.

Ravindra Thakur S/o Ganesh Thakur R/o Village - Vishunpura, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-05-2025 Heard Mr. Krishna Kant Singh, learned counsel appearing on behalf of the petitioners and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Harsidhi P.S. Case No. 418 of 2024 registered for the offence punishable under Sections 126, 115(2), 118, 109, 76, 303 (2), 351, 352 and 3(5) of the BNS, 2023.

3. As per the allegation made in the F.I.R., all the named accused persons including the petitioners with an intention to kill the informant and his family members assaulted

Patna High Court CR. MISC. No.3949 of 2025(3) dt.09-05-2025 2/3 them with deadly weapons causing injury to them.

4. Learned counsel appearing on behalf of the petitioners submitted that there is case and counter case between the parties. The petitioners in the said incidence in their self defence to save their life might have caused some injury to the informant and his family members without any intention.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having perused the F.I.R. and the case diary, I find that there is no specific allegation against petitioner nos.2 and 4, allegation of causing injury is on petitioner nos. 2 and 3, but the injury sustained by the informant and his family members are simple in nature, I find that the petitioners have, prima facie made out a case to be released on bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Session Judge, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 418 of 2024, subject to the condition as laid down under Section

Patna High Court CR. MISC. No.3949 of 2025(3) dt.09-05-2025 3/3 438(2) of the Cr.P.C.

8. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T