Patna High CourtCR. MISC./8842/2016disposed

Alok Kumar @ Alok Mahto And ORS v. The State Of Bihar

2016-02-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8842 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Alok Kumar @ Alok Mahto Son of Late Bangali Mahto

2. Manjay Kumar Son of Gaya Prasad

3. Shekhar Kumar Son of Rajeshwar Mahto

4. Nageshwar Mahto @ Nagsar Kumar Son of Rajdeo Mahto

5. Sanjay Kumar Son of Gaya Prasad All Resident of village - Gamahariya Khurd, P.S. Adapur, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,342,323,324,325,307,379,448,504 and 506 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The prosecution case is that the accused persons came variously armed and started abusing the informant. On protest being made petitioner no. 3 assaulted the informant with bamboo stick whereas petitioner no. 2 Manjay Kumar assaulted

Patna High Court Cr.Misc. No.8842 of 2016 (2) dt.25-02-2016 2/2 the brother of the informant with farsa on his head. Petitioner no. 4 Nageshwar Mahto assaulted with iron rod to Ramadhar and petitioner no. 5 Sanjay Kumar assaulted Bhola Ram. It is submitted by the learned counsel for the petitioners that no sharp cut weapon injury has been found. There is counter version of the occurrence also.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Adapur P.S. Case No. 33 of 2015 pending in the court of learned SDJM, Raxaul, East Champaran at Motihari.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T