Shankar Kumar @ Rajveer Kumar @ Rajveer Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57340 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Shankar Kumar @ Rajveer Kumar @ Rajveer Ray, Male, aged about 25 years Son of Ram Khelawan Prasad @ Ram Khelavan Yadav. 2.

Bablu Kumar, Male, aged about 30 years, Son of Ram Khelavan Prasad @ Ram Khelavan Yadav.

Both residents of Village- Rajapur Akauna, P.S.- Nardiganj, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP For the Informant :

Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Nardiganj P.S. Case No. 152 of 2023 dated 02.05.2023 instituted for offence punishable under Sections 341,323, 324, 307, 354, 379, 452, 504/34 of the Indian Penal Code.

3. As per the prosecution case, due to land dispute, regarding path, accused persons including the petitioners, who are Pattidar, assaulted the informant.

4. Learned counsel for the petitioners submits that there is specific allegations against co-accused Ram Khelavan Yadav that he assaulted the informant with rod on his head. Learned counsel for the petitioners further submits that the

Patna High Court CR. MISC. No.57340 of 2023(2) dt.13-09-2023 2/2 allegation against the petitioners are general and omnibus and there is no specific allegation against them. Informant is his own uncle. Petitioners are student preparing for the competitive examination. Petitioners have no criminal antecedent.

5. Learned APP assisted by learned counsel for the informant submits that the informant sustained head injury. However, they have conceded that the specific allegation is against co-accused Ram Khelavan Yadav.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Nawada in connection with Nardiganj P.S. Case No. 152 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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