Bindeshwari Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41480 of 2014 Arising Out of PS.Case No. -128 Year- 2014 Thana -DHURAIYA District- BANKA ======================================================

1. Bindeshwari Thakur Son of Yogenrda Thakur

2. Bihari Thakur Son of Mahendra Thakur

3. Gangadhar Thakur Son of Yogendra Thakur

4. Yogendra Thakur Son of Lalu Thakur

5. Pinku Thakur Son of Bihari Thakur

6. Ritesh Thakur Son of Rigasl Thakur Resident of Village - Laxmikitta, P.S.- Dhoraiya, District- Banka

7. Subhash Thakur Son of Pandav Thakur

8. Pujiya Thakur Son of Pandav Thakur

9. Pandav Thakur Son of Late Chunchun Thakur All Resident of Village - Durgapur, P.S.- Barahat, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 03-08-2015 Heard learned counsels for the petitioners and the State.

The application with regard to petitioner nos. 1, 2 and 4, namely, Bindeshwari Thakur, Bihari Thakur and Yogendra Thakur has permitted to be withdrawn vide order dated 27.03.2015.

The petitioner nos. 3 and 5 to 9, namely, Gangadhar Thakur, Pinku Thakur, Ritesh Thakur, Subhash

Patna High Court Cr.Misc. No.41480 of 2014 (04) dt.03-08-2015 2/3 Thakur, Pujiya Thakur and Pandav Thakur are apprehending heir arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 447, 427 of the Indian Penal Code and 3/4 of Explosive Substances Act. The prosecution case is that the accused persons including the petitioners made criminal trespass in the house of the informant with bricks, stones etc. and damaged the roof of the house and used explosive causing injuries to the wife of the informant. Subsequently, two live bombs were seized by the police.

It is submitted by learned counsel for the petitioners that for the petty dispute the occurrence took place and there is a counter version of the occurrence also and injuries caused to the wife of the informant was found to be simple. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Dhoraiya P.S. Case No. 128 of 2014 pending in the court of learned Judicial Magistrate, Ist Class, Banka.

Patna High Court Cr.Misc. No.41480 of 2014 (04) dt.03-08-2015 3/3 With the aforesaid observation, this application is disposed of.

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