Raushan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34031 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -ALIPUR District- GAYA ======================================================

1. Raushan Kumar

2. Venkatesh Sharma Both son of SRi Kamlakant Prasad

3. Chandrakant Sharma S/o Late Raj Nath Sharma Resident of village - Keshpa, P.S. Alipur, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Learned counsel for the petitioners is permitted to make necessary correction in the petition, as prayed for.

At the outset, it is submitted by learned counsel for the petitioner that petitioner no.3 Chandrakant Sharma has been arrested. Hence, this application so far as it relates to petitioner no. 3, has become infructuous. Heard learned counsels for the petitioners and the State.

The petitioner nos. 1 and 2 are apprehending arrest in a case registered for the offences punishable under sections 147,149,341,323,324,307,504 and 354 of the Indian

Patna High Court Cr.Misc. No.34031 of 2015 (2) dt.24-08-2015 2/3 Penal Code.

The prosecution case is of making assault to the informant's side in the background of land dispute. The accused persons also snatched jewellery and resorted to firing in air.

It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled and except the two injuries of the father of the informant namely Ram Uday Sharma, other injuries have been found to be simple. There is counter version of the occurrence where the petitioners side also received injuries simple in nature.

It is submitted by learned counsel for the informant that though the accusation of assault is omnibus and general but two injuries of the father of the informant have been found to be grievous in nature.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner nos. 1 and 2 above named by the learned court below in case the petitioner nos. 1 and 2 surrenders within six weeks from today in connection with Alipur P.S. Case No. 54 of 2015 pending in the court of learned CJM, Gaya.

Patna High Court Cr.Misc. No.34031 of 2015 (2) dt.24-08-2015 3/3 This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T