Dhaneshwar Thakur vs The State Of Bihar
2021 Latest Caselaw 1855 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 33944 of 2020
        Arising Out of PS Case No.-668 Year-2019 Thana- BAGHA District- West Champaran
     ======================================================

1. Dhaneshwar Thakur, aged about 50 years, Gender-Male, Son of Late Parshuram Thakur.

2. Kamal Thakur, aged about 50 years, Gender-Male, Son of Avadhi Thakur.

3. Papu Thakur, aged about 35 years, Gender-Male, Son of Kamal Thakur.

4. Jhabu Thakur, aged about 30 years, Gender-Male, Son of Kamal Thakur.

5. Nipur Thakur @ Narendra Kumar Thakur, aged about 35 years, Gender-

Male, Son of Banaras Thakur.

All 1 to 5 resident of Mauza-Naraipur, PS-Bagha Patkhauli, District-West Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :        Mr. Nishant Kumar Sinha, Advocate
     For the State           :        Ms. Meena Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-04-2021

Heard Mr. Nishant Kumar Sinha, learned counsel for the

petitioners and Ms. Meena Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Bagha Patkhauli PS Case No. 668 of 2019 dated 21.12.2019,

instituted under Sections 147, 149, 342, 323, 324, 307, 379, 504

and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.33944 of 2020 dt.05-04-2021

3. The allegation against the petitioners is of general and

omnibus assault causing injury.

4. Learned counsel for the petitioners submitted that

there is also a counter case lodged by the petitioners' side against

the informant and others which is prior in time, though on the

same day. It was submitted that the parties are agnates and there is

land dispute between them and a fight had occurred between the

parties on the said date. It was submitted that the injury report

discloses only one swelling behind the head of the informant

which has been opined to be simple in nature. Learned counsel

submitted that the petitioners have no criminal antecedent.

5. Learned APP submitted that there is allegation of

assault against all the petitioners.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Bagha, West Champaran in

Bagha Patkhauli PS Case No. 668 of 2019, subject to the

conditions laid down in Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.33944 of 2020 dt.05-04-2021

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioners, (ii) that the petitioners and the

bailors shall execute bond with regard to good behaviour of the

petitioners and they shall co-operate with the police/prosecution

and the Court. Any violation of the terms and conditions of the

bonds or failure to co-operate shall lead to cancellation of their

bail bonds.

7. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar

AFR/NAFR U T