Patna High CourtCR. MISC./16777/2016disposed

Shankar Ram And ORS. v. The State Of Bihar

2016-04-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16777 of 2016 Arising Out of PS.Case No. -482 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Shankar Ram, son of Naresh Ram

2. Suryadeo Ram, son of Naresh Ram

3. Naresh Ram, son of Deodhari Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148, 149,323, 341, 307, 302 and 504 of the Indian Penal Code. Prosecution case is that the informant Kanchan Devi and her husband Uday Ram, brother-in-law Kailash Ram and his son Satish Ram while sitting in the shop were calculating the usufructs of their land, meanwhile all the accused persons named in the FIR variously armed came and started assaulting them. On alarm being raised when Bilash Ram, Jitesh Ram and Sandeep Ram came to rescue then they were also assaulted and due to the assault made by the accused persons the husband of the informant got unconscious whereas Kailash Ram and Satish

Patna High Court Cr.Misc. No.16777 of 2016 (2) dt.19-04-2016 2/2 Ram became badly injured. Subsequently, husband of the informant succumbed to the injuries. The genesis of the occurrence is alleged to be the land dispute. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. There is no specific accusation against these petitioners and accusation of assault is against 14 FIR named accused persons.

Considering the nature of accusation, let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Barachatti P.S. Case No.482/2015, pending before the learned ACJM, Sherghati, Gaya. With the above observation, this application is, accordingly, disposed off.

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