Sharwan Kumar @ Sharawan Kumar Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1032 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- DULHIN BAZAR District- Patna ====================================================== 1.
Sharwan Kumar @ Sharawan Kumar Upadhyay S/O Genda Upadhyay @ Jang Bahadur Upadhyaya R/O vill - Dorwan, P.S - Dulhin Bazar, Dist.- Patna 2.
Sudhir Kumar @ Sudhir Kumar Upadhyay @ Sudhir Upadhyay S/O Baleshwar Upadhayay R/O vill - Dorwan, P.S - Dulhin Bazar, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwaroop Jha For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-05-2025 Heard the parties.
2.The petitioners are named in the F.I.R. and apprehending their arrest in connection with Dulhin Bazar P.S. Case No. 164 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 326, 307, 354, 504 and 506 of the Indian Penal Code.
3. The allegation against petitioners is to assault the informant and others causing head and bodily injuries by using iron rod, lathi etc., with an intention cause their death, where occurrence said to be taken place in the background of local dispute and differences.
Patna High Court CR. MISC. No.1032 of 2025(3) dt.08-05-2025 2/2
4. It is submitted by learned counsel appearing on behalf of the petitioners that the allegation regarding physical assault qua petitioners is very much general and omnibus. It is also submitted that petitioners implicated falsely due to local dispute and differences. While concluding arguments, it is submitted that petitioners are men of clean antecedents.
5. Learned APP, while opposing the prayer of bail submitted that it is a case of collective assault where the informant received two grievous injury as per injury certificate issued from AIIMS, Patna.
6. In view of aforesaid facts and submission and by taking note of fact as petitioners caused grievous injuries to informant during the occurrence, accordingly, anticipatory bail of the above-named petitioners is rejected herewith. (Chandra Shekhar Jha, J) Sudha/- U T