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Patna High CourtCR. MISC./12900/2015disposed

Ashok Ram @ Uday Kumar Ram And ORS. v. The State Of Bihar

2015-05-07Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12900 of 2015 Arising Out of PS.Case No. -675 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. ASHOK RAM @ UDAY KUMAR RAM S/O LATE INDRANAND RAM

2. AMAR RAM S/O LATE HARANGI RAM

3. BISHUNDEO RAM S/O KAMAL RAM ALL ARE RESIDENT OF VILLAGE- DUMRAIL WARD NO. 33, P.S.- SAHARSA, DISTRICT- SAHARSA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

There happens to be allegation against these three petitioners including three more named as well as 4-5 unknown to have assaulted the informant Birju Kumar Ram with Danda, Lathi, rod and Belt. During course thereof, it has also been alleged that petitioner Ashok Ram @ Uday Kumar Ram had inflicted rod blow over his head which he prevented and on account thereof, sustained injury over both his hands. Furthermore, Ashok had taken out Rs.2500/- and Dablu Ram golden chain. From Annexure-2, it is apparent that apart from backache, pain, giddiness, unconsciousness only injury, swelling and tenderness right leg, foot and knee was detected by the doctor which, on account of fracture of spine at D12 level affected right hip, has been found grievous in nature.

Patna High Court Cr.Misc. No.12900 of 2015 (2) dt.07-05-2015 After going through the order impugned in consonance with the narration of the fardbeyan, it is evident that none of the petitioners have been identified as an author of the aforesaid injury.

That being so, petitioners are directed to surrender before the learned lower court with a prayer for bail which the learned lower court will consider favourably in light of finding recorded herein above.

With the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J.) PN/- U T