Bhushan Rai @ Bhushan Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33869 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================
1. Bhushan Rai @ Bhushan Kumar Son of Mahendra Rai
2. Ved Prakash Rai @ Ved Prakash S/o Jogeshwar Rai Both Resident of village- Rampur Shyamchand, P.S. - Raghopur, District - Vaishali .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Yashraj Bardhan, Advocate.
For the Opposite Party : Mr. Rajendra Nath Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.
The informant alleged that the petitioner no. 1 Bhushan Rai @ Bhushan Kumar with Khanti, petitioner no. 2 Ved Prakash Rai @ Ved Prakash with Gupti assaulted the informant and his cousin Sunil Rai. Other two accused namely Shambhu Rai and Ranvijay Prasad Yadav assaulted with butt of a pistol. It is submitted that the occurrence took place at the time of distribution of Prasad. The informant was injured and he was admitted to Raghopur PHC, but no FIR was lodged neither injury report was submitted by the doctor of PHC Raghopur. The FIR
Patna High Court Cr.Misc. No.33869 of 2015 (5) dt.14-12-2015 2/2 was lodged on the basis of fardbeyan of Santosh Kumar the informant in PMCH. It is further submitted that there is a counter version and the case is compromised.
Considering the facts aforesaid and the fact that there is specific allegation of assault against both the petitioner no. 1 Bhushan Rai @ Bhushan Kumar and petitioner no. 2 Ved Prakash Rai @ Ved Prakash, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T