Abhinandan Prasad Thakur @ Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15785 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Abhinandan Prasad Thakur @ Abhinandan Kumar, Son of Balmiki Prasad Thakur, Resident of Village - More Sandi Mathiya, P.S.- Motipur, District - Muzaffarpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Motipur P.S. Case No.15 of 2016 for the offences instituted under Sections 341, 342, 328, 307, 506 and 34 of the Indian Penal Code.

The prosecution case, in brief, is one Shambhu Prasad Thakur lodged a fardbeyan before the Police Officer of Ahiyapur P.S. on 30.11.2015 stating therein that on 28.11.2015 at about 11: a.m. in the day one Pramod Kumar Bhagat called his son Ravi Ranjan Kumar aged about 15 years and said that he requires his field on Batai and therefore, asked him to come to show the said field. It has further been alleged that in order to show, when

Patna High Court Cr.Misc. No.15785 of 2016 (2) dt.16-05-2016 2/3 his son reached near the Litchi Orchard, Abhinandan Thakur, Amresh Kumar Lal and Pramod Kumar aprehended his son and make him sit on the motorcycle after administering something, the informant alleged that when his son did not return for long time, they started making search of him and in course of same at about 3 his son was found in unconscious condition in the Litchi Orchard of Deodhari Bhagat and thereafter he was taken to Primary Health Centre for treatment from where he was referred to S.K.M.C.H. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. The alleged date of occurrence is 28.11.2015. Fardbeyan was made by the informant on 30.11.2015. Delay has not been explained by the prosecution.

Petitioner and the informant are the Pattidars. The alleged victim is said to have been recovered. No injury has been found on the body of the victim. Due to land dispute between the parties, the present case has been instituted. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with

Patna High Court Cr.Misc. No.15785 of 2016 (2) dt.16-05-2016 3/3 two sureties of the like amount each to the satisfaction of S.D.J.M. (West), Muzaffarpur, in connection with Motipur P.S. Case No.15 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T