Neeraj Thakur vs The State Of Bihar
2021 Latest Caselaw 988 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 9329 of 2020
       Arising Out of PS Case No.-324 Year-2019 Thana- SHEIKHPURA District- Sheikhpura
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1. Neeraj Thakur, Male (aged) 19 years.

2. Ranjeet Thakur, Male (aged) 22 years.

Both son of Nandey Thakur @ Nand Lal Thakur, Resident of Village - Eksari, PS and District - Sheikhpura.

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

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

For the Petitioner/s : Dr. Anjani Prasad Singh, Advocate For the State : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-02-2021

Heard Dr. Anjani Prasad Singh, learned counsel for the

petitioners and Mr. Damodar Prasad Tiwary, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners apprehend arrest in connection with

Sheikhpura PS Case No. 324 of 2019 dated 17.07.2019, instituted

under Sections 341, 323, 448, 307, 380, 427 and 504/34 of the

Indian Penal Code and 27 of the Arms Act, 1959.

3. The allegation against the petitioners and others is

that they had assaulted the informant and his family members

when they objected to the family of the petitioners trying to make Patna High Court CR. MISC. No.9329 of 2020 dt.19-02-2021

construction of the chajja of their house inside the land of the

informant. Further, there is direct overt act alleged against

petitioner no. 2 of giving blow on the head of the mother of the

informant by the butt of the pistol and of also firing on the

informant, though without causing any injury.

4. Learned counsel for the petitioners submitted that

they have been falsely implicated and there is a counter case. It

was further submitted that the allegation of firing against

petitioner no. 1 is also false as no injury has been caused and that

it was the informant party who were the aggressors as construction

was being made by the petitioners upon their land. It was

submitted that the petitioners have no criminal antecedent.

5. Learned APP submitted that there is direct allegation

of criminal act against the petitioners and their father and it is

obvious that all have acted with common intention being armed

with firearms. It was further submitted that the petitioner no. 2 has

assaulted by iron rod and also of having fired and hitting on the

head by the butt of the pistol. He submitted that there is no

averment; much less any material to indicate that there was any

counter case for the same incident.

Patna High Court CR. MISC. No.9329 of 2020 dt.19-02-2021

6. Having considered the facts and circumstances of the

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

is not inclined to grant pre-arrest bail to the petitioners.

7. Accordingly, the application stands dismissed.

8. However, if the petitioners appear before the Court

below within four weeks from today and pray for bail, the same

shall be considered on its own merits without being prejudiced by

the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T