Sharwan Bind Andors v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45191 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -MAHISI District- SAHARSA ======================================================

1. Sharwan Bind

2. Shyam Bind Both sons of Kamleshwari Bind

3. Kamleshwari Bind, Son of Late Nunulal Bind

4. Khusilal Bind, Son of Ram Lakhan Bind,

5. Nageshwar Bind, Son of Khusilal Bind, All are Resident of VillageKothia, Police Station- Mahishi, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. M.K. Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,323,341,324,325,307 and 504 of the Indian Penal Code. The prosecution case is that the accused persons were bamboo pegs on the land of the informant when protest was made then the accused persons started abusing and co accused Lalo Bind made assault with farsa on the head of the informant. When the wife of the informant came to rescue, she was assaulted by Sitaram Bind with iron rod, thereafter the son and daughter of

Patna High Court Cr.Misc. No.45191 of 2015 (2) dt.04-11-2015 2/2 the informant came to rescue then they were also assaulted by the accused persons.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general and specific accusation is against co accused Sitaram Bind and Lalo Bind who are not petitioners before this court. There is counter version of occurrence wherein the petitioners side have also received injury. 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 Mahishi P.S. Case No. 6 of 2015 pending in the court of learned JM, Saharsa. This application is disposed of with the aforesaid observation/direction.

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