Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83975 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Chhotu Kumar, aged about 23 years, Male, Son of Awadh Bihari Singh, Resident of Village-Kharaundha, P.S.-Nabinagar, District-Aurangabad. 2.

Golu Kumar, aged about 21 years, Male, Son of Awadh Bihari Singh, Resident of Village-Kharaundha, P.S.-Nabinagar, District-Aurangabad. 3.

Raushan Kumar, aged about 25 years, Male, Son of Shivbachan Singh, Resident of Village-Kharaundha, P.S.-Nabinagar, District-Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2020 Heard Mr. Sanjay Kumar, the learned counsel appearing on behalf of the petitioners and Mr. Uday Chand Prasad, the learned Additional P.P.

The petitioners apprehend their arrest in Nabinagar P.S. Case No.256 of 2019, registered under Sections 341, 323, 379, 504, 308, 325 and 34 of the Indian Penal Code. The informant alleged that while he was sitting in his shop, Raushan Kumar, petitioner no.3, Chhotu Kumar, petitioner no.1, Golu Kumar, petitioner no.2, Ashok Kumar and five unknown persons came and asked the informant that why he was assuming himself to be a rangdar and they all started

Patna High Court CR. MISC. No.83975 of 2019(3) dt.17-06-2020 2/2 assaulting the informant with stick and lathi. The accused persons also took away a chain made of gold from his neck and threatened to kill.

Mr. Sanjay Kumar, learned counsel for the petitioners submits that the petitioners have not committed any offence. On account of some petty dispute, some verbal altercation took place. The injury report is Annexure-2 and all the injuries are simple in nature, but from perusal of the FIR, it appears that the informant received one fracture injury on his left lower arm and another injury on back. All the accused persons are alleged to have come on the shop of the informant and indiscriminately assaulted him with stick.

Taking into consideration the facts that on account of assault made by the petitioners, the informant got one fracture injury on his hand which is opined to be grievous in nature, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T