Rajiv Kumar @ Rajiv Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13743 of 2015 Arising out of PS.Case No. -6 Year- 2015 Thana -HULASGANJ District- JEHANABAD ====================================================== Rajiv Kumar @ Rajiv Sharma, son of Sri Dinesh Sharma, resident of village Mirjapur, P.S. Hulasganj, District Jehanabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kr. Thakur, Advocate. For the Opposite Party : Mr. Smt. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 12.02.2015 in connection with Hulasganj P.S. Case No. 06 of 2015 for the offences instituted under Sections 147, 148, 149, 307, 341, 323, 337 of the I.P.C. and Section 27 of the Arms Act. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 29.01.2015 at about 7.00 P.M. while the informant was sitting at his house and his son Rupesh Sharma and his wife Sanju Devi were also sitting for taking meal at another room in the meantime, the petitioner alongwith other co-accused persons armed with lathi and rod appeared there and started to assault the informant's son Rupesh Sharma whose wife Sanju Devi was assaulted with rod and lathi

Patna High Court Cr.Misc. No.13743 of 2015 (3) dt.09-06-2015 2 / 2 on her head by co-accused Dhiraj Kumar besides the petitioner Rajiv Kumar respectively and thereafter, all accused persons have assaulted on the head of the son of the informant whereas coaccused Dhiraj Kumar has opened fire with intent to kill Rupesh Kumar which shot did not hit and accused persons ran away after boarding on motorcycle by pelting brick batting. It has been submitted on behalf of the petitioner that due to land dispute, the alleged occurrence is said to have taken place. It has further been submitted on behalf of the petitioner that the injury caused are simple in nature.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and he played active role in the occurrence.

Considering the fact that the nature of injury are simple in nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Jehanabad, in connection with Hulasganj P.S. Case No. 06 of 2015.

U.K./- (Sudhir Singh, J) U T