The Patna High Court granted anticipatory bail to the petitioner for three months in a case involving offences under the Indian Penal Code, subject to conditions regarding prior injury reports and surrender if grievous injury is established.
Anticipatory bail for three months with bail bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41966 of 2015
Arising Out of PS.Case No. -190 Year- 2012 Thana -BODHGAYA District- GAYA ====================================================== 1. Lakhan Thakur S/o late Akhaj Thakur Resident of Village- Budhaul, P.s Bodh Gaya, District Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-10-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 379, 506 of the Indian Penal Code.
The prosecution case is that while the
informant was uprooting paddy seeding in his land, the petitioner assaulted the son of the informant Manoj Thakur with khanti causing injury on his head whereas co-accused Pramod Thakur assaulted with khanti causing injury on the throat and head on the other son of the petitioner, Gajadhar Thakur. It is also alleged that petitioner snatched wrist watch of the son of the informant.
It is submitted by learned counsel for the petitioner that in the background of serious land dispute the accusation has been levelled. There is no injury report on the record.
Patna High Court Cr.Misc. No.41966 of 2015 (2) dt.13-10-2015
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A statement has been made in para 3 of the
petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No. 190 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be confirmed by learned Court below on verification of the fact that petitioner has not caused any grievous injury to the sons of the informant. If it is found that grievous injury has been caused by the petitioner, then petitioner will surrender and pray for regular bail.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in proceedings under sections 147, 148, 149, 307, 504, 379, 506 IPC.
Lakhan Thakur
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
