Mohan Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.53264 of 2015 (2) dt.27-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53264 of 2015 Arising Out of PS.Case No. -261 Year- 2008 Thana -MANIHARI District- KATIHAR ======================================================

1. Mohan Thakur Son of Sudama Thakur Resident of Village Surapartal, P.s Manihari; District Katihar at Present residing at Village- Mahnadih, p.s Barari, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Atul Kumar Pandey For the Opposite Party/s Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.11.2015 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 24.7.2015 in a case registered under section 307 and other minor sections of the Indian Penal Code as well as 27 of the Arms Act.

There is accusation against the petitioner that he opened fire causing fire arm injury on the temple of injured Bhola Yadav. Learned counsel for the petitioner drew my attention towards annexure 2 to the supplementary affidavit and submitted that no injury on the temple region of injured Bhola Yadav was found and it is admitted case of the prosecution that there was land dispute between the parties.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.53264 of 2015 (2) dt.27-11-2015 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Manihari P.S. Case no. 261/2008.

shahid (Hemant Kumar Srivastava,J) U T