IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78392 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Kanhaiya Thakur S/O Navin Thakur @ Ashok Thakur R/o,vill-Ladari ward no 05, p.o - Lalganj, p.s- keoti, Dist- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vishal Vikram Rana, Adv. For the Opposite Party/s : Mr.Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 29-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Keoti P.S. Case No. 117 of 2024, registered for the offences under Sections 341, 323, 324,326, 307,379,504,506 and 34 of the Indian Penal Code. 3. As per the prosecution case, petitioner and co- accused persons assaulted the informant and his sons with sword and khanti causing fracture of the heads of the informant and his sons. They also took away Rs.500/- from the pocket of the informant. The occurrence took place in the background of earlier dispute of the informant with the petitioner. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been Patna High Court CR. MISC. No.78392 of 2024(3) dt.29-01-2025 2/4 falsely implicated in this case. The allegations are completely false and concocted. No corroborative injuries have been found either on the informant or on his son. The injuries on the informant are lacerated wound of size 3” x 1.5” x 1” over left side of forehead eyebrow and abrasion over left hand of size 1” x 0.5”. Injury of the son of the informant is a lacerated wound over left side of the parietal region of the skull of size 3”x 1.5”x 1.5” and pain and swelling. There is no injury of any sharp or pointed weapon. Learned counsel further submits that when the allegation is that the petitioner was brandishing pistol, it is not believable that he will go and take out khanti and sword to assault the informant and his sons, this shows the allegations are completely false and it also shows there was no intention to cause death and hence, there could be no application of Section 307 of the Indian Penal Code in the present facts and circumstances. There is case and counter case between the parties and Keoti P.S. Case No. 118 of 2024 has been lodged by one of the co-accused person against the informant and others. The petitioner is in custody since 04.09.2024 and charge sheet has been submitted against him. Petitioner has no criminal antecedent. 5. Learned A.P.P. appearing for the State opposes the Patna High Court CR. MISC. No.78392 of 2024(3) dt.29-01-2025 3/4 submission made on behalf of the petitioner. Learned A.P.P. submits that there is specific allegation against the petitioner that he assaulted the informant and his sons. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the absence of stated injuries and also considering clean antecedent of the petitioner, his period of custody and submission of chargesheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga/concerned court, in connection with Keoti P.S. Case No. 117 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the Patna High Court CR. MISC. No.78392 of 2024(3) dt.29-01-2025 4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T