Phagu Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12361 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -SC/ST PS District- GOPALGANJ ======================================================
1. Phagu Sharma
2. Harinandan Sharma.
3. Manraj Sharma.
4. Shyamraj Sharma.
5. Anup Sharma.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikas Ratan Bharti For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-03-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 341 and 504/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.
It is alleged that the petitioner nos. 1 and 2 were making construction of house by making projection on the Gairmajarua land adjacent to the land of the informant which was objected by the informant whereupon the informant was assaulted and abused by calling caste name.
It is submitted by learned counsel for the petitioners that from the FIR itself, it appears that the accusation has been levelled in the background of land dispute and there is counter version of
Patna High Court Cr.Misc. No.12361 of 2015 (2) dt.25-03-2015 2/2 the occurrence also. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Gopalganj (Hathua)(SC/ST) P.S. Case No. 61 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T