Ramdeo Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54479 of 2015 Arising Out of PS.Case No. -226 Year- 2015 Thana -SAHPUR District- BHOJPUR ======================================================

1. Ramdeo Thakur son of Late Jamuna Thakur

2. Devanand Thakur @ Tunnu Thakur

3. Manoj Thakur Both sons of Sri Ramdeo Thakur

4. Rajesh Thakur @ Bhaga Thakur, son of Sadhu Thakur, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the informant being the police officer informed about firing going on between two groups at Barsingha Bujurg Badhar. After making 'sanha' entry, the informant proceeded with armed forces to the place of firing and found that both sides were making firing at each other in the background of taking possession of a disputed land. With the effort of the informant the issue was pacified when the accused

Patna High Court Cr.Misc. No.54479 of 2015 (2) dt.02-12-2015 2/2 persons escaped from the scene and from the place of occurrence used and unused cartridges were seized.

It is submitted by learned counsel for the petitioners that in the background of land dispute, the firing was made between the two groups. There were three versions of the same incident. One was from the police being the present case, second from the petitioners' side and third from the other side. Admittedly, no injury was caused to anyone.

Considering the accusation being omnibus and general and no injury being caused to anyone, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Ara, Bhojpur in connection with Shahpur P.S. Case No.226 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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