Birendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5062 of 2020 Arising Out of PS. Case No.-286 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Birendra Sharma Son of Late Kishn Sharma 2.

Devendra Sharma S/o- Late Kishn Sharma 3.

Upendra Sharma S/o - Late Kishn Sharma 4.

Ajay Sharma S/o - Birendra Sharma All are Resident of Village- Mahua Tola, P.S.- Majha Gadh, DisttGopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Manjhagarh P.S. Case No. 286/2018 registered for the offences punishable under Sections 147, 149, 341, 323, 308 and 504 of the Indian Penal Code.

Petitioner No. 3, namely, Upendra Sharma, is said to have given iron rod blow causing head injury to informant, so far as remaining petitioners are concerned, there is general allegation of assault against them. Fard-e-

Patna High Court CR. MISC. No.5062 of 2020(2) dt.03-03-2020 2/3 beyan of the informant goes to so that informant as well as his brother Ravindra Sharma sustained injury. The photostat copy of the injury reports of above stated injureds have been annexed as Annexure 3 to the petition and the aforesaid photostat copy of the injury reports go to show that both the injureds stained simple injury. However, it is informed that the petitioner No. 2, namely, Devenddra Sharam, has also lodged Manjhagarh P.S. Case No. 285/2018 against the prosecution party and in the aforesaid first information report, petitioner No. 2 claimed that he as well as his nephew sustained injury, which is evident from perusal of Annexure 4 series to this petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Manjhagarh P.S. Case

Patna High Court CR. MISC. No.5062 of 2020(2) dt.03-03-2020 3/3 No. 286/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T