Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57913 of 2015 Arising Out of PS.Case No. -430 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Ganesh Kumar son of Sri Kapildeo Sharma Resident of Village-Chanr (Purhada), P.S Makhdumpur, District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 25-01-2016 Heard learned counsel for the parties.

The petitioner is in custody in connection with Jehanabad P.S. Case No.430 of 2015 for the offences punishable under Sections 323, 341, 342,393, 427, 435, 506/34 of the Indian Penal Code.

Perusal of the F.I.R. present at Annexure-1 manifests that the accused attempted to rob the informant and in the process an altercation took place leading to the vehicle being put on fire in the process as also causing injury to one of the accused. The petitioner was apprehended by the police.

It is the argument of Mr. Rama Kant Sharma learned Senior counsel that no such attempt was made by the accused rather it is following an altercation which has been give a colour of attempted

Patna High Court Cr.Misc. No.57913 of 2015 (2) dt.25-01-2016 2/2 robbery by the informant. Learned counsel also submits that it is for this reason that the matter ended in compromise. Having heard learned counsel for the parties and considering the nature of allegation, I am not persuaded to grant indulgence in the present matter presently. The prayer is rejected. The application is dismissed.

(Jyoti Saran, J) Bibhash/- U t