Amit Kumar @ Guddu Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32187 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Amit Kumar @ Guddu Sharma

2. Sanjeev Kumar @ Sanjeev Kumar Sharma @ Rinku Sharma Both sons of Late Ramesh Sharma, resident of Village- Lohacha, P.SDerni, District- Saran at Chapra. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dewendra Narayan Singh, Advocate For the State : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-09-2016 I have heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for offences punishable under Sections 147, 148, 149, 323, 341, 307, 353, 332, 427 and 109 of the Indian Penal Code. It is contended on behalf of the petitioners that the tempo carrying the passengers fell down in a river near Lohcha bridge and after receiving the information, the police reached at the place of occurrence and found that some villagers along with petitioner no.1 were trying to pull out the tempo from the river which was ultimately pulled out. However, the police has seized the tempo and, thereafter, 16 known persons and 100 to 120 unknown persons assembled at the police station and protested

Patna High Court Cr.Misc. No.32187 of 2016 (2) dt.06-09-2016 2 / 2 against the seizure of the tempo and forcibly snatched the tempo from the possession of the police. It is further contended that in fact the petitioner no.1 was helping the passenger along with others and there is no specific allegation against petitioner no.2 as he has been alleged to be a member of the mob. It is also contended that four accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 20.08.2016 passed in Cr. Misc. No.33748 of 2016.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Amit Kumar @ Guddu Sharma and Sanjeev Kumar @ Sanjeev Kumar Sharma @ Rinku Sharma be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Derni P.S. Case No. 22 of 2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, VIIth, Saran at Chapra subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr.