Lakhan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16526 of 2021 Arising Out of PS. Case No.-187 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

LAKHAN SHARMA, S/o Bhola Sharma R/O Village - Nawalpur Bintoli, P.S.- Yogapatti (Nawalpur), District - W. Champaran. 2.

RAMAKANT SHARMA, S/O Vindhachal Sharma R/O Village - Nawalpur Bintoli, P.S.- Yogapatti (Nawalpur), District - W. Champaran. 3.

KANHAIYA SHARMA @ KANHAIYA KUMAR SHARMA, S/o Bhola Sharma R/O Village - Nawalpur Bintoli, P.S.- Yogapatti (Nawalpur), District - W. Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aprajita For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Ms. Aparajita, learned counsel for the petitioners and Mr. Choubey Jawahar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Yogapatti P. S. Case No. 187 of 2020, dated 19.05.2020, instituted for the offences under Sections 341, 323, 324, 354, 504, 506 and 34 of the Indian Penal Code.

The petitioners are said to have assaulted the

Patna High Court CR. MISC. No.16526 of 2021(2) dt.07-01-2022 2/3 informant because of her having thrown ashes in front of their house.

The learned counsel for the petitioners has submitted that the F.I.R. has been registered after 10 days of the occurrence, without there being any explanation for the same.

Nothing specific has been attributed against anyone of the petitioners.

The accusation of hitting one Chhatu Sharma is on two persons but only one injury has been received by him, which though is on vital portion of his body, but has been reported to be simple.

There is a counter version of the case vide Yogapatti P. S. Case No. 174 of 2020.

The learned counsel for the petitioners has drawn the attention of this Court to the supplementary affidavit sworn by the brother of petitioner no. 2 informing that he has been made accused in a complaint case also by the same informant.

Patna High Court CR. MISC. No.16526 of 2021(2) dt.07-01-2022 3/3 Regard being had to the afore-stated facts, the petitioners, above-named, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, District - West Champaran, in connection with Yogapatti P. S. Case No. 187 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

This petition stands allowed.

(Ashutosh Kumar, J) skm/- U T