Ram Kumar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52449 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Ram Kumar Sah aged about 56 years, Son of Late Bhagwat Sah resident of village- Raghunathpur, P.S.- Sour Bazar, District- Saharsa

2. Deo Narayan Sah son of Late Musharu Sah

3. Bouku Sah son of Late Kaleshwar Sah, Sl. No. 2 and 3 are resident of village- Chikni Tola Khara, P.S.- Gamharia, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-12-2015 Heard Mr. Radhe Shyam Prasad learned counsel for the petitioners and learned Additional Public Prosecution for the State. The petitioners apprehend their arrest in connection with Gamharia P.S. Case No.20 of 2015 for the offences punishable under Sections 147, 148, 149, 448, 380 504, 427 and 323 of Indian Penal Code.

The F.I.R. is present at Annexure-1 and charges these petitioners of forming an unlawful assembly and intruding in the house of the informant and committing theft.

Mr. Prasad, learned counsel for the petitioners submits that parties are on litigating terms and the case in question is a retaliation to an F.I.R. instituted in the year 2011. The argument of Mr. Prasad does not persuade this Court to

Patna High Court Cr.Misc. No.52449 of 2015 (2) dt.14-12-2015 2/2 grant indulgence.

This application is disposed of. The petitioner may surrender and seek regular bail and which shall be considered and disposed of by the court below on its own merits. Bibhash/- (Jyoti Saran, J) U