Patna High CourtCR. MISC./41977/2015disposed

Ramakant Pandey v. The State Of Bihar

2015-10-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41977 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Ramakant Pandey Son of Gama Pandey all resident of village Kotasa, P.s Durgawati, District Kaimur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-10-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 147, 148, 149, 337, 338, 354, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that all the accused persons came variously armed when on the order of co-accused Pebaru Pandey, co-accused Anil Pandey fired with country made pistol causing injury to Tabrej Khan, whereas this petitioner caused fire arm injury to Gulrej Khan. Co-accused Sunil Pandey resorted to fire but it did not cause injury to anyone. Co-accused Pebaru Pandey assaulted with iron rod causing head injury to Tabrej Khan. He also penetrated iron rod in the mouth of Rukhsana Khatoon.

It is submitted by learned counsel for the petitioner that there is counter version of the occurrence also

Patna High Court Cr.Misc. No.41977 of 2015 (2) dt.13-10-2015 2/2 and petitioner has no criminal antecedent. Moreover the injuries have been found to be simple.

The aforesaid facts constitute ground for consideration of regular bail, if the petitioner surrenders within a period of six weeks in connection with Durgawati P.S. Case No. 85 of 2015, pending in the Court of learned Chief Judicial Magistrate, Kaimur at Bhabua.

With the observations above, the application stands disposed off.

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