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2012 Supreme(Pat) 237

VIKASH JAIN
Deo Prayag Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Pramod Kumar Singh, Binod Kumar-II.
For the Opp. Parties : M/s Rajesh Kumar, Arun Kumar Pandey.
For the State : Mr. M.N. Jha.

ORDER

The present application has been filed for quashing the order dated 30.4.2010 passed in Bihta P.S.Case No. 243/08 by the learned Judicial Magistrate Ist Class, Danapur, Patna whereby the learned Magistrate has taken cognizance of the offences under Sections 341, 323, 325 and 307/34 IPC against the petitioners.

2. According to the written report given by the informant O.P. No. 2 there were some ongoing disputes between him and the petitioners relating to right of passage. It has been alleged that the present petitioners have assaulted and caused injuries to the family members of the informant as also to other villagers who intervened. Specific allegations have been made against the petitioner no.3 Amarendra Kumar and petitioner no. 5 Mirtunjay Kumar who are said to have been armed with pistols as also against petitioner no. 1 armed with farsa and petitioner no. 6 Shailendra Sharma armed with gharasa, who assaulted the informant with the intention of killing him. It is also stated that these persons severely assaulted the informant’s uncles Ashok Kumar and Vikash Kumar causing serious injuries to them and but for the intervention of the villagers, the petitioners might even have













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