Vidyanand Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17678 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Vidyanand Sharma son of Late Akhileshwar Sharma, resident of villageBhaikh, P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.20330 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Shailesh Kumar @ Shailendra Kumar @ Buttan S/o Vijay Kumar Singh
2. Amit Kumar S/o Sri Devendra Singh, Both are Resident of Village Tilkai, P.S. Makhdumpur, District Jehanabad.
.... .... Petitioners
Versus
The State of Bihar ....... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.17678 of 2015) For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Shardanand Jha, APP (In Cr.Misc. No.20330 of 2015) For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-09-2015 Heard.
These two applications under Section 438 of the Code of Criminal Procedure have been filed on behalf of the petitioners seeking pre-arrest bail.
It is contended that the petitioners are innocent and they have been falsely implicated in the case. It is submitted that
Patna High Court Cr.Misc. No.17678 of 2015 (3) dt.07-09-2015 2/3 two of the relatives of the petitioners were killed by certain accused persons on the relevant date. Though the police has alleged that on 11.2.2015 at 9 PM, while the police officers reached Referral Hospital, Makhdumpur, for obtaining injury report and the postmortem report of the deceased Satish Sharma, the petitioners along with other accused persons used abusive language, blocked the road and manhandled the Block Development Officer, the fact of the matter is that the police had implicated innocent persons who were raising protest against the inaction of the police. It is further contended that though there is allegation that the local Block Development Officer was manhandled by the accused persons, there is no injury report on record. He has further contended that apart from the Government officials, no independent person has supported the allegation made in the FIR during investigation of the case.
Learned counsel for the State has opposed the prayer for bail. He submits that there is statement of the Block Development Officer, Makhdumpur, that he was manhandled by the accused persons and he was treated in hospital, but he concedes that there is no injury report in the case dairy. He further concedes that no independent person has been examined under Section 161(3) of the Code of Criminal Procedure during investigation.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the above-named petitioners are directed to 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 learned Chief Judicial Magistrate, Jehanabad, in
Patna High Court Cr.Misc. No.17678 of 2015 (3) dt.07-09-2015 3/3 connection with Makhdumpur PS Case No. 47 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) mrl U T