Raghubir Pandey @ Raghubi Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46802 of 2014 Arising Out of PS.Case No. -135 Year- 2014 Thana -KARJA District- MUZAFFARPUR ======================================================
1. Raghubir Pandey @ Raghubi Pandey son of Late Ramanand Pandey
2. Ram Balan Pandey @ Butan Pandey son of Late Ramanand Pandey
3. Raghubansh Pandey son of Late Shyam Nandan Pandey
4. Krishna Nandan Pandey son of Rughubansh Pandey
5. Anant Kr. Pandey son of Raghubansh Pandey All are resident of village - Mani Phulkahan P.S. Kanti, District - Muzaffarpur .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Jeetendra Narayan For the Opposite Party : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-04-2015 Heard learned counsels for the petitioners and the State.
It appears that the application with regard to petitioner No. 1 has been disposed off vide order dated 04.12.2014 since he has been arrested.
Petitioner Nos. 2 to 5 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 307, 323, 324, 504 of the Indian Penal Code.
It is alleged that informant was cutting his sisam tree when all the accused persons came and made protest and thereafter started assaulting the informant and when the brother of the informant came to rescue then he was
Patna High Court Cr.Misc. No.46802 of 2014 (3) dt.24-04-2015 2/2 also assaulted.
It is submitted by learned counsel for the petitioners that injuries were found to be simple, though one injury of the brother of the informant is grievous. The accusation is omnibus and general and the occurrence took place in the background of land dispute as the land was recorded in the revenue records in the name of the petitioners. There is counter version of the occurrence also. Considering the accusation being omnibus and general, the accusation of assault in the background of serious land dispute, it is a case for consideration of regular bail. Let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender and pray for regular bail in connection with Karja P.S. Case No. 135 of 2014, pending in the Court of learned Judicial Magistrate, 1st Class, Muzaffarpur.
Accordingly the application is disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T