Raghunath Thakur vs The State Of Bihar
2021 Latest Caselaw 2398 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 18481 of 2021
          Arising Out of PS Case No.-105 Year-2020 Thana- SONBARSA District- Sitamarhi
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1. Raghunath Thakur, aged about 30 years, Gender-Male, Son of Ramadhar Thakur.

2. Ramesh Thakur, aged about 25 years, Gender- Male, Son of Ram Adhar Thakur.

3. Ram Adhar Thakur, aged about 50 years, Gender-Male, Son of Sahdeo Thakur.

All Resident of Village- Dostiyar Tola, PS- Sonbarsa, District- Sitamarhi.

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

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

      For the Petitioner/s    :        Mr. Birendra Kumar, Advocate
      For the State           :        Mr. Dinesh Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-06-2021

The matter has been heard via video conferencing.

2. The case has been heard out of turn on the basis of

motion slip filed by learned counsel for the petitioners on

15.06.2021, which was allowed.

3. Heard Mr. Birendra Kumar, learned counsel for the

petitioners and Mr. Dinesh Singh, learned Additional Public

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

4. Learned counsel for the petitioners submitted that

petitioner no. 3 namely, Ram Adhar Thakur has been arrested and,

thus, sought permission to withdraw the petition on his behalf. Patna High Court CR. MISC. No.18481 of 2021 dt.17-06-2021

5. In view thereof, as prayed for by learned counsel for

the petitioners, the application on behalf of petitioner no. 3

namely, Ram Adhar Thakur, stands disposed off as withdrawn and

is restricted to petitioners no. 1 and 2 namely, Raghunath Thakur

and Ramesh Thakur, respectively.

6. The petitioners no. 1 and 2 apprehend arrest in

connection with Sonbarsa PS Case No. 105 of 2020 dated

06.06.2020, instituted under Sections 302/34 of the Indian Penal

Code.

7. The allegation against the petitioners and others is of

assault on the informant, her husband and son and specifically

against the petitioners no. 1 and 2 that after another co-accused

had given blow on the head by iron rod, when the husband of the

informant fell down, they along with others had also assaulted.

8. Learned counsel for the petitioners no. 1 and 2

submitted that besides having clean antecedent, they have no role

in the incident and have been falsely implicated just because they

are sons of petitioner no. 3, who is said to have specifically

assaulted the deceased with iron rod on the head. It was submitted

that even the postmortem report discloses only one lacerated

wound on the head and one wound on the neck and death is due to Patna High Court CR. MISC. No.18481 of 2021 dt.17-06-2021

shock and hemorrhage and there is general and omnibus allegation

of assault against the petitioners and three others.

9. Learned APP submitted that the husband of the

informant has died and there is allegation of assault by the

petitioners also. However, it was not controverted that petitioner

no. 3, who has been arrested, is said to be the main assailant who

gave the first blow and thereafter, the allegation is general and

omnibus against the petitioners and three others.

10. 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 petitioner no. 1 and 2 namely, Raghunath

Thakur and Ramesh Thakur, 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, Sitamarhi in Sonbarsa PS Case No. 105

of 2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further, (i) that one of

the bailors shall be a close relative of the petitioners no. 1 and 2,

(ii) that the petitioners no. 1 and 2 and the bailors shall execute

bond and give undertaking with regard to good behaviour of the

petitioners no. 1 and 2 and (iii) that they shall co-operate with the Patna High Court CR. MISC. No.18481 of 2021 dt.17-06-2021

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or the undertaking or failure to co-operate

shall lead to cancellation of their bail bonds.

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

violation of the foregoing conditions of bail by the petitioners no.

1 and 2, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the petitioners no. 1 and 2.

12. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T