Sudhir Kumar Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12848 of 2016 Arising Out of PS.Case No. -370 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Sudhir Kumar Sharma, Son of Late Ramdeo Sharma,

2. Dinesh Sharma @ Dinesh Kumar Sharma

3. Pramod Kumar Sharma, both are sons of Dasrath Sharma All above resident of Village- Surtapur, Police Station- Dinara, District- Rohtas. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Parijat Saurav, Advocate.

For the Opposite Party : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioners, learned APP and learned counsel for the informant.

The petitioners apprehend their arrest in Dinara P.S. Case No. 370 of 2015 registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code. The informant alleged that on the order of younger brother of his father Sunil Sharma, Pramod Kumar Sharma, Sudhir Kumar Sharma and Dinesh Sharma assaulted his father. The accused persons also assaulted the informant. It is submitted that the petitioners are co-sharers. There is a counter case bearing Dinara P.S. Case No. 371 of 2015. It is alleged that all the accused persons indiscriminately assaulted the

Patna High Court Cr.Misc. No.12848 of 2016 (3) dt.04-07-2016 2/2 father of the informant with Lathi, his father got two injuries and he was referred to Sadar Hospital, Sasaram but father of the informant was never admitted to Sadar Hospital, Sasaram. The informant also got one injury on his head which appears to be simple in nature.

Learned counsel for the informant however opposed the prayer for anticipatory bail of the petitioners. Considering the facts aforesaid and the fact that there is a case and counter case, the dispute arose due to land dispute and the injuries are simple in nature, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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, Judicial Magistrate, First Class, Bikramganj (Rohtas) in Dinara P.S. Case No. 370 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T