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Patna High Court - Orders

Subhash Chandra Thakur vs The State Of Bihar on 15 December, 2022

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54480 of 2022
                      Arising Out of PS. Case No.-85 Year-2022 Thana- BHARGAMA District- Araria
                 ======================================================
                 Subhash Chandra Thakur Son Of Deo Narayan Thakur Resident Of Village -
                 Kushmaul, P.S.- Bhargama, Distt.- Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   15-12-2022

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 of the Indian Penal Code.

Prosecution case is that petitioner has assaulted with farsa on the neck of informant and when his father, brother and son rushed on the spot to save the informant, the accused persons also assaulted them.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is case and counter case Patna High Court CR. MISC. No.54480 of 2022(2) dt.15-12-2022 2/2 between the parties and both sides have sustained injuries and injuries are grevious in nature in both sides. He further submits that there is a land dispute between the parties and title suit is going on. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case there is a land dispute between the parties and both sides have sustained grievous injury, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhargama P.S. Case No. 85 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) nilmani/-

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