Shankar Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41824 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -BIHTA District- PATNA ======================================================
1. Shankar Thakur
2. Lakshman Thakur
3. Lav Thakur All Sons of Baijnath Thakur resident of village - Samsra, P.O. Sadishpur, P.S. Bihta, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-10-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 436, 504 of the Indian Penal Code. The prosecution case is that the accused persons started abusing informant, when petitioner no. 1, Shankar Thakur put the house of the informant on fire after taking match box from petitioner no. 3, Lav Thakur. The petitioners threw the informant in fire, as a result he received burn injury.
Ultimately, accused persons assaulted the wife of the informant with lathi. It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.41824 of 2015 (2) dt.12-10-2015 petitioners that the petitioners are the own brother of the informant and in the background of land dispute the accusation has been levelled. The injury has been found superficial simple in nature. Moreover, for the occurrence of 08.01.2015 the complaint was filed on 13.01.2015 which came to be registered as police case on 18.02.2015. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the delayed lodging of the complaint, injury has been found to be superficial simple in nature, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 115 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T