Ravindra Thakur And ANR v. The State Of Bihar
Patna High Court CR. APP (SJ) No.832 of 2016 (8) dt.17-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.832 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -SC/ST PS District- BUXAR ======================================================
1. Ravindra Thakur Son of Late Arjun Thakur
2. Shiv Shankar Thakur Son of Ravindra Thakur Both resident of VillageGangauli, P.S.- Simari, District- Buxar. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate Mr. Rajesh Kumar, Advocate Mr. Amresh Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-03-2017 Heard learned counsel for the appellants as well as learned Spl.PP for the State.
Learned counsel for the appellants has submitted that the order impugned has been passed by the Special Court and on account thereof, the instant appeal is maintainable. There happens to be allegation that while the house of the prosecution party was under flame, Ravindra Thakur, (appellant) Shiv Shankar Thakur, (appellant), Krishna Thakur, Srikant Thakur @ Bokka Thakur, Neeraj Thakur @ Bholu Thakur and other were found running therefrom. Furthermore, during course of chase, Ravindra Thakur had assaulted Daroga Rai, Rohit Ram and Rameshwar Ram with bamboo. They also had abused by
Patna High Court CR. APP (SJ) No.832 of 2016 (8) dt.17-03-2017 calling caste name. They also had assaulted with fists and slaps. All the household articles turned to ashes.
Appellants are under custody since 27.08.2016. From the order impugned, it is evident that none of the appellant has been identified to be responsible for setting fire. In the aforesaid facts and circumstances of the case, setting aside the order impugned dated 23.08.2016 passed in B.P. No. 492/2016 in Buxar (SC/ST) PS Case No. 13/2015, appellants, Ravindra Thakur, and Shiv Shankar Thakur are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-1st, Buxar in Buxar (SC/ST) PS Case No. 13/2015.
Consequent thereupon, the instant appeal is allowed. (Aditya Kumar Trivedi, J) perwez U T