SANJAY KUMAR CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner, the State and Opposite Party Nos. 2,3 and 4. The instant Petition has been filed for cancellation of bail allowed to Opposite Party Nos. 2, 3 and 4, namely, Jay Prakash Choubey, Shankar Bhagwan Choubey and Mithilesh Choubey @ Akhilesh Choubey by Order dated, 14th June, 2006, passed by the Chief Judicial Magistrate, Buxar in Brahmpur PS. Case No. 90 of 2005, registered for offences under Sections 341, 323, 504/34 of the Indian Penal Code lodged by the informant on 28th April, 2005, who is the Petitioner here.

(2.) In the said case, police after investigatioa submitted chargesheet and the learned Magistrate took cognizance of the offences under Sections 323, 341, 307 and 504/34 of the Penal Code and summoned the accused, who are opp.parties here to face trial.

(3.) THE prosecution case in short is that the accused -opp.parties. namely, Ram Niwas Choubey, Jay Prakash Choubey, Shankar Bhagwan Choubey and Mithilesh Choubey came to the house of the Petitioner, hurled abuses on account of some dispute and on the Order of Ram Niwas Choubey, all accused persons assaulted the informant - Petitioner and his cousin. It is further alleged that accused Jay Prakash Choubey assaulted the informant 'scousin with lathi on his head as a result of which blood oozed.