← Library
Patna High CourtCR. MISC./6159/2016disposed

Banku Mahto @ Banku Yadav And ORS v. The State Of Bihar

2016-02-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6159 of 2016 Arising Out of PS.Case No. -190 Year- 2015 Thana -KATORIA District- BANKA ======================================================

1. Banku Mahto @ Banku Yadav

2. Biru Mahto @ Biro Yadav, Both the Son of Gobind Mahto @ Gobind Yadav

3. Dhaneshwar Mahto @ Dhaneshwar Yadav, Son of Badri Mahto @ Badri Yadav, All the resident of village- Bhandar Kola, P.S.- Katoria, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 427, 504, 307 of the Indian Penal Code and Section 3⁄4 of the Explosive Substances Act.

The prosecution case is that on 09.08.2015 at 1:00 P.M the petitioner came and started uprooting the paddy. On protest being made, petitioner Nos. 1 and 3 namely Banku and Dhaneshwar threw explosives though it did not hit the informant but the informant received some splinter injuries. It is submitted by learned counsel for the petitioners that for the occurrence of 09.08.2015 at 2:30 P.M the F.I.R was registered on 10.08.2015 at 2:30 P.M. The informant received three injuries, superficial in nature for

Patna High Court Cr.Misc. No.6159 of 2016 (2) dt.08-02-2016 2/2 which opinion has been kept reserved.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the delayed lodging of the case, it is a case for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Katoriya(Jaipur) P.S. Case No. 190 of 2015, pending in the Court of learned Chief Judicial Magistrate, Banka. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T