Shivji Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12048 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- DAUDPUR District- Saran ====================================================== 1.
Shivji Sharma, Son of Late Punilal Sharma Resident of Village - Balesara, P.S.- Daudpur, District - Saran 2.
Bittu Sharma, Son of Shivji Sharma Resident of Village - Balesara, P.S.- Daudpur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Daudpur P.S. Case No.221 of 2018, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, 504 of the Indian Penal Code.
The allegation against the accused persons including the petitioners is to have assaulted the son of the informant after forming unlawful assembly.
Learned counsel for the petitioners submits that there is case and counter case between the parties. The
Patna High Court CR. MISC. No.12048 of 2019(2) dt.27-02-2019 2/2 petitioners are among the named accused persons but no specific role has been attributed against them. Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Saran, Chapra, in connection with Daudpur P.S. Case no.221 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan U T