IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25664 of 2008 1.NANDAN KUMAR THAKUR @ NAND KUMAR THAKUR 2.Kishor Thakur 3.Dilip Thaiur, sons of Late Mahesh Kant Thakur. 4.Shambhu Thakur son of Late Saryug Thakur. 5.Nityanand Thakur son of Late Gunanand Thakur. 6.Shantosh Thakur son of Baidyanath Thakur. 7.Shankar Thakur son of Nandan Kumar Thakur. 8.Darshan Thakur @ Shashi Kant Thakur son of Late Bhola Thakur. All R/o village Pari, P.S.Biroul, District Darbhanga. Versus STATE OF BIHAR ----------- 3. 20.10.2008 The case is under Section 302 and other Sections of the IPC against the petitioners and four others named as well as 30 unknown with the allegations that the petitioners and others unknown forming an unlawful assembly ransacked the informant’s land and also started ploughing the same with a tractor but on information Police arrived and then criminals fled away. Learned counsel for the petitioners submits that the petitioners are said to be members of the mob but without any specific attribution of causing any injury to the deceased. It is also submitted that the statement of deceased was also recorded by Police wherein he stated that he (deceased) had been injured by means of arrow on his back at the hands of accused Ramashish Thakur (who is not petitioner here) but on arrival of Police, criminals fled away but three of them were apprehended by Police. Learned counsel for the petitioners referring to Annexure-3 submitted that a civil suit for the land was going on which had concluded by way of passing decree in favour of petitioners. It is also submitted that the petitioners have been falsely implicated due to land dispute. Petitioner nos. 1 to 5 are said to be in 2 custody since 26th May 2008, whereas petitioner nos. 6 to 8 are said to be in custody since 14th May 2008. Mr.S.R.Haque, learned A.P.P. assisted by Mr.Suraj Narayan Yadav, learned counsel for the informant submits that the petitioners are said to be members of the mob indulging in the offence. Under the circumstances, the petitioners are admitted to bail on their furnishing bail bonds of Rs.10,000/ (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Biroul at Benipur in Biroul P.S.Case No.47 of 2008. Jay/ (C.M. Prasad,J)