Shiv Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18877 of 2021 Arising Out of PS. Case No.-415 Year-2020 Thana- BAGHA District- West Champaran ====================================================== 1.

Shiv Sharma Son of Late Kumar Sharma Resident of Village - Gandhi Nagar, Ward No.17, P.S.- Bagaha, Dist.- West Champaran. 2.

Kamlesh Sharma Son of Shiv Sharma Resident of Village - Gandhi Nagar, Ward No.17, P.S.- Bagaha, Dist.- West Champaran. 3.

Chandrabhushan Sharma Son of Shiv Sharma Resident of Village - Gandhi Nagar, Ward No.17, P.S.- Bagaha, Dist.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 447, 307, 342, 323, 324, 379, 504

Patna High Court CR. MISC. No.18877 of 2021(2) dt.13-12-2021 2/3 of the Indian Penal Code.

It is alleged that petitioners and others assaulted the informant, his wife and son with lathi and garasa in the background of a dispute with regard to filling of land and caused them injuries.

It is submitted by learned counsel for the petitioners that in the background of some land dispute, the present F.I.R has been registered. There is counter version of the occurrence also. Moreover, the injuries have been found to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.18877 of 2021(2) dt.13-12-2021 3/3 Magistrate, I, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 415 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T