Jitendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84929 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- MAHKAR District- Gaya ====================================================== JITENDRA THAKUR Son of Mohan Thakur Resident of Village - Chhtni, P.S.- Mahkar, Distt - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shardanand Mishra, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in this case is seeking regular bail in connection with Mahkar P.S. Case No. 64 of 2019 registered for the offence punishable under Sections 447, 341, 342, 323, 324, 307, 325, 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is alleged to have given a lathi blow on the head of the informant which caused injury and the same has been found to be simple in nature. There is no allegation of repetition of blow and the petitioner is in custody since 17.08.2019. Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein the allegation against the petitioner is that of giving a

Patna High Court CR. MISC. No.84929 of 2019(2) dt.09-01-2020 2/2 lathi blow on the head of the informant but the injury noticed is said to be simple in nature and there is no repetition of blow, let the petitioner be released on bail in connection with Mahkar P.S. Case No. 64 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T