Case Facts:
Patna High Court Cr.Misc. No.4939 of 2011 (2) dt.21-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4939 of 2011 ====================================================== 1. Saroj Singh @ Saroj Kumar son of Picho Singh 2. Mukesh Prasad Singh @ Mukesh Kumar Madhukar son of Sri Ashok Kumar 3. Ashok Prasad Singh @ Ashok Kumar Singh son of Late Devan Singh All resident of village-Deena Chakla, PS-Pasraha, (Gogri), District- Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Shyam Sundar Mandal son of Late Narayan Mandal, resident of village- Babu Chakla, P.s.-Pasraha (Gogri), District-Khagaria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 21-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, petitioners are challenging the order dated 10.7.2009 passed by S.D.J.M., Khagaria in Complaint Case No. 530-C of 2004 for offences under [STATUTE] and section 27 of the Arms Act. According to the complaint petition, the respondent is a merchant of Banana and for that he used to go to purchase the Banana fruit from his area and on 7.9.2004, he was purchasing the said fruit from the farmer and after counting the number of Banana he was returning to his house where he was intercepted and demanded Rs. 25,000/- within one week showing the power of Patna High Court Cr.Misc. No.4939 of 2011 (2) dt.21-03-2012 Rifle when the petitioner refused the same, they pointed out the Pistol on the complainant whereupon he raised the alarm, when none has come forward to save him, the accused persons have looted his Rs. 40,000/-. Learned counsel for the petitioners submits that he has filed a criminal case against the plaintiff of the present case. It is nothing but a counter blast. At this stage, this Court cannot examine the defence of the petitioner. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raise all the points at the time of framing of charge. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.