Chandra Shekhar Rawat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50314 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- SONO District- Jamui ======================================================

1. Chandra Shekhar Rawat, S/o Late Kedar Rawat, R/o Vill. - Lakhankyari, P.S. - Sono, District - Jamui.

2. Chandan Rawat, S/o Bharat Rawat, R/o Vill - jokatiya (Kurkutt), P.S.- Sono, District - Jamui.

3. Raj Kumar Rawat, S/o Shashi Bhushan Rawat, R/o Vill. - Lakhankyari, P.S. - Sono, District - Jamui.

4. Amar Rawat, S/o Shashi Bhushan Rawat, R/o Vill. - Lakhankyari, P.S.- Sono, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Sri Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sono P.S. Case No. 149 of 2018 registered under Sections 147, 148, 341, 323, 325, 307, 354, 379 and 504 of the Indian Penal Code. The accusation is that six persons named in the F.I.R. including the petitioners having armed with rod, lathi and pistol surrounded Anil Rawat, uncle of the informant, and asked that they will not follow the decision of partition. When his uncle made protest then Shrawan Rawat started to assault him then he fled away towards house. Thereafter, all came at the door and Shrawan Rawat gave iron

Patna High Court Cr.Misc. No.50314 of 2018(2) dt.20-09-2018 2/2 rod blow at the head of Ranvir Kumar, brother of informant, then he fell down on ground. When informant, Ranjay, tried to save his brother then he caused fracture injury at the finger through iron rod. Lalan Rawat and Raj Kumar Rawat on the point of fear took cash Rs.12,000/- from Bebi Devi, aunt of the informant. Learned counsel for the petitioners submits that it would appear from the F.I.R. that no specific overt act has been attributed against the petitioners. The petitioner nos. 1 to 3 are said to be simply members of mob while allegation has been made against petitioner no. 2 to cause injury at the finger of informant with further allegation of pointing pistol by petitioner no. 4 at the uncle of the informant.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jamui, in connection with Sono P.S. Case No. 149 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T