Patna High CourtCR. MISC./51572/2015allowed

Lakshuman Pathak And ANR v. The State Of Bihar

2016-01-25Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.51572 of 2015 (4) dt.25-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51572 of 2015 Arising Out of PS.Case No. -133 Year- 2015 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Lakshuman Pathak Son of Late Radha Pathak

2. Mritunjay Pathak Son of Late Radha Pathak Both are residents of Village - Bagulakhoh, P.S. Rajapur, District - Rohtas .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rana Pratap Singh For the Opposite Party/s : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 25-01-2016 The petitioners apprehend their arrest in a case under section 307 and other allied sections of the Indian Penal Code. The informant alleged that on account of casting of roof some dispute had cropped up with accused side for which they threatened him with death. After sometime, accused Manoj Patkak and one unknown person, riding on a motorcycle, intercepted him. Manoj Pathak fired at him causing injury on his right leg.

The petitioners submit that even as per FIR, the informant only identified Manoj Patkak. He did not identify the second one. He thus submits that the two petitioners have been falsely implicated.

In the facts and circumstances of the case, in the event of arrest/surrender, let both the petitioners as named above be

Patna High Court Cr.Misc. No.51572 of 2015 (4) dt.25-01-2016 released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Sri Basant Kumar, JM 1st class, Bikramganj, Rohtas in P.S.Case No.

-133 YearThana -NASRIGANJ DistrictSASARAM (ROHTAS).

Petitioners would not physically absent for two consecutive dates at a stretch, till one witness is examined in the trial Shashi.

(Samarendra Pratap Singh, J) U T