Gautam Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30241 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Gautam Kumar, son of Indradeo Sharma

2. Ghanshyam Sharma @ Indradeo Sharma, son of late Kamdeo Singh

3. Ram Pravesh Sharma, son of late Kamdeo Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-07-2015 Heard learned counsels for the petitioners, informant and the State.

The petitioners being the nephew and the brothers of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341/323/379/324/307/448/506/34 of the Indian Penal Code. It is alleged that the co-accused persons including the petitioners came variously armed with and assaulted the informant and his family members whereas petitioner no.1 Gautam Kumar snatched gold earrings of the wife of the informant.

It is submitted by learned counsel for the petitioners that petitioner no.1 is the nephew and petitioner nos.2 and 3 are

Patna High Court Cr.Misc. No.30241 of 2015 (2) dt.30-07-2015 2/2 own brothers of the informant and in the background of land dispute the accusation has been levelled. There is counter version of the occurrence and accusation of assault is omnibus and general.

It is submitted by learned counsel for the informant that two persons received grievous injuries whereas from the petitioners' side none received any serious injury. Considering the relationship between the petitioner and informant and the accusation of assault being omnibus and general, moreover, the occurrence alleged to be taken place in the background of land dispute, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Parasbigha P.S. Case No.26 of 2015, pending before the learned Sub-Divisional Judicial Magistrate, Jehanabad. With the above observation, this application is, accordingly, disposed off.

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