LAWS(PAT)-2010-2-118

KAMESHWAR MANJHI Vs. STATE OF BIHAR

Decided On February 16, 2010
Kameshwar Manjhi Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, the informant and the A.P.P. appearing on behalf of the State.

(2.) The petitioner is aggrieved by the order dated 02.05.2007 by which the Chief Judicial Magistrate, Saran has taken cognizance for the offences alleged to have been committed under Sections 341, 323, 324, 325, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The occurrence took place on 03.04.2005 for which Garkha Police Station Case No. 19 of 2005 was instituted in which petitioners are accused whereas a case for the same occurrence was also filed which is Garkha Police Station Case No. 20 of 2005 in which the informant and others have been made accused.

(3.) On perusal of the said First Information Report, i.e. Garkha Police Station Case No. 19 of 2005, it appears that there is an allegation that Banarasi Manjhi and Mohan Manjhi threw a bomb which injured Shyamdeo Manjhi on his hands and legs and Madan Manjhi on his right hand and legs as well. The case was investigated and finally charge sheet was submitted under Section 307 and other allied sections of the Indian Penal Code.