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Patna High CourtCR. APP (DB)/786/2022dismissed

Radhakant Mishra v. The State Of Bihar

2023-03-23Mr. Justice A. M. Badar,Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.786 of 2022 Arising Out of PS. Case No.-139 Year-2001 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Radhakant Mishra, son of Late Bulan Mishra, resident of village- Korthu, P.S. Ghanshyampur, District- Darbhanga.

... ... Appellant/s

Versus

1. The State of Bihar

2. Bachcha Jha @ Badaru Jha, son of late Radha Jha,

3. Sanjeev Jha, son of Bachcha Jha @ Badru Jha,

4. Saroj Jha, son of Bachcha Jha @ Badru Jha,

5. Mangan Jha @ Magan Jha@ Magan Jha, son of Manashi Jha,

6. Gonu Jha, son of late Radha Jha,

7. Ram Bhushan Jha, son of Thakkan Jha,

8. Bimal Jha, so of Ram Bhushan Jha, All 2 to 8 are resident of village Korthu, P.S. Ghanshyampur, District - Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kaushal Kumar Jha, Advocate For the Respondent/s :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR and HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE A. M. BADAR) 23-03-2023 Heard the learned counsel appearing for the appellant.

The only ground urged by the learned counsel for the appellant in this appeal challenging the acquittal is to the effect that injury report is not discussed in the impugned judgment. That by itself cannot be a ground for entertaining the appeal challenging acquittal of the respondent nos. 2 to 8 of the offences punishable under various sections including the offence punishable under Section 307 of the Indian Penal Code. Bodily

Patna High Court CR. APP (DB) No.786 of 2022(7) dt.23-03-2023 2/2 injury is not at all required for making out the said offence. Hence, this appeal is dismissed.

(A. M. Badar, J) (Chandra Shekhar Jha, J) Aditi/Bharadwaj U T