Ram Chandra Kushwaha @ Ram Chandra Kumar Mahto And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.18632 of 2015 (3) dt.09-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18632 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -ARER District- MADHUBANI ======================================================
1. RAM CHANDRA KUSHWAHA @ RAM CHANDRA KUMAR MAHTO, SON OF LATE SUKHLAL MAHTO.
2. KAILESH KUSHWAHA.
3. NARESH KUSHWAHA, BOTH SONS OF RAM CHANDRA KUSHWAHA. ALL RESIDENT OF VILLAGE - JAMUARI, P.S.- ARER, DISTRICT - MADHUBANI.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR.
.... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. A.K. Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Arer P.S. Case No. 139 of 2014 registered under Sections 147, 148, 149, 323 and 302 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Madhubani.
The allegation of informant, Arun Mahto, is that on 01.12.2014 his father had gone to take tea at Arer Chowk when he reached near the house of the petitioners then due to previous enmity petitioners along with others surrounded his father and assaulted brutally. Thereafter, informant rushed there and took his
Patna High Court Cr.Misc. No.18632 of 2015 (3) dt.09-09-2015 father for treatment where his father died.
Learned counsel for the petitioners submits that while there is general and omnibus allegation against the petitioners and others to cause injury to the father of informant but only five injuries were found on the person of the deceased. It is further submitted that due to previous enmity the name of the petitioners has falsely been implicated in this case and they are in custody since 01.12.2014.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T