RATNESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned Spl.PP for the State and learned counsel for the respondent no.2.

(2.) The learned counsel for the appellants submits that both the sides are next door neighbours and admittedly land dispute is behind the occurrence. In fact, the informant's side is aggressor and they disturbed the peaceful possession of land of the appellants as the appellants wanted to demarcate the land by calling the Amin and this was disturbed by the informant's side. For the same occurrence co-accused Yogi Rai has also filed a case vide Pupri P.S. Case No. 133 of 2020. The injury reports of the injured do not corroborate the allegation made in the FIR about sharp weapons being used in the assault and the injuries are shown to be by hard and blunt objects, though few are stated to be grievous but none of them is life threatening. The co-accused Yogi Rai has been granted bail by a Co-ordinate Bench of this Court vide order dtd. 12/3/2021 passed in Cr. App (SJ) No. 1269 of 2021. Charge-sheet has been submitted in this case and the appellants are in custody since 20/12/2021. The appellants are having clean antecedent.

(3.) Learned counsel for the informant vehemently opposes the submission made on behalf of the appellants, however, he concedes that the allegations in the FIR regarding causing of injuries are not corroborated by the injury report.