Shiv Ram Thakur And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40899 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Shiv Ram Thakur.

2. Niraj Thakur @ Niraj Kumar.

3. Amit Thakur @ Amit Kumar.

.... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Prabhat Kumar, Advocate. For the Opposite Party : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2015 Heard learned counsels for the petitioners, informant and learned A.P.P. for the State.

The petitioners are languishing in custody since 01.07.2014, 03.07.2014 and 03.07.2014 respectively in a case registered for the offences punishable under Sections 302, 323, 324, 325 and 341 of the Indian Penal Code.

It is alleged that the neighbour of the informant Krishna Thakur instigated the petitioner no. 1 Shiv Ram Thakur when Shiv Ram Thakur through phone called Sarvesh Thakur, Shivam Thakur, Niraj Thakur and Amit Thakur and all assaulted the informant and his father with Lathi, Danda and Sekal. The father of the informant and the informant received fracture injury. Subsequently, the father

Patna High Court Cr.Misc. No.40899 of 2014 (3) dt.22-01-2015 2 / 2 of the informant died in hospital.

It is submitted by learned counsel for the petitioners that in the background of petty dispute the occurrence took place when accusation is omnibus and general.

Considering the fact that the informant being injured is eye witness to the occurrence, this Court is not inclined to grant bail to the petitioners in connection with Warisnagar P.S. Case No. 56 of 2014 pending in the court of the learned C.J.M., Samastipur.

Let the trial be expedited.

U.K./- (Dinesh Kumar Singh, J) U T