Chintu Kumar @ Chintoo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12738 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Chintu Kumar @ Chintoo Sharma Son of Patiram Sharma Resident of Village- Charh, P.S. - Makdumpur, District- Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13506 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Amarlok Sharma S/o - Late Ramjivan Singh R/o Vill - Mananbigha, P.S. - Parasbigha.

2. Raghunandan Sharma S/o - Venktesh Sharma R/o Village - Mokar, P.S. - Jehanabad (Karauna O.P.), All District - Jehanabad. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.12738 of 2015) For the Petitioner : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Ram Chandra Singh (App) (In Cr.Misc. No.13506 of 2015) For the Petitioners : Mr. Jogendra Kumar, Adv. For the Opposite Party/s : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 447, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court Cr.Misc. No.12738 of 2015 (2) dt.16-04-2015 2/3 It is alleged that the accused persons came variously armed when co-accused Dinesh Sharma fired causing injury on the thigh of the informant's husband and when the informant's son and brother-in-law (dewar) went to rescue the husband of the informant then they were also assaulted by the petitioners and others as a result Ramesh Sharma and Vikash Sharma received injuries.

It is submitted by learned counsel for the petitioners that a statement has been made in para 7 of the petition that no injury report has been brought on record. Moreover, specific accusation of assault is only against co-accused Dinesh Sharma (nonpetitioner) and petitioners' side lodged a case against the informant's side at earlier point of time. 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 S.D.J.M., Jehanabad in connection with Parasbigha P.S. Case No. 87 of 2014, subject to the conditions as

Patna High Court Cr.Misc. No.12738 of 2015 (2) dt.16-04-2015 3/3 laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T