Jagesh Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28312 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================
1. Jagesh Sharma S/o Late Nirbhay Singh
2. Praduman Singh @ Parduman Singh S/o Late Kail Singh
3. Anil Singh @ Anil Kumar Sharma S/o Late Venkatesh Singh All are R/o Village - Chanda Bigha, P.S. - Mehendia, District - Arwal. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-07-2016 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 341, 323, 504, 506, 427, 379/34 of the Indian Penal Code and section 3(i)(v) of the SC/ST (Prevention of Atrocities) Act.
Prosecution case is that on 29.4.2016 the informant and others were worshipping Sant Rabidas after pasting his photographs and putting flag in front of his house. In the meantime the accused persons alongwith the petitioners came armed with lathi, abused the informant and forcibly got the flag removed and dismantled the photo of Sant Ravidas. It is further alleged that the petitioner took away the bricks kept for construction of statue.
Patna High Court Cr.Misc. No.28312 of 2016 (2) dt.15-07-2016 It is submitted by the learned counsel for the petitioners that the informant being the member of Naxalite group wants to take possession of the land of the petitioner and when the petitioner made protest against the same, this case has been registered. A statement has been made in paragraph 3 of the application that the petitioners have no criminal antecedent. Considering the accusation levelled against the petitioners and the background of land dispute between the informant and the petitioners, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in Mehandia P.S.Case No. 35/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Surendra/- U