Sunil Sharma @ Sunil Kumar Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16542 of 2019 Arising Out of PS. Case No.-115 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== 1.

Sunil Sharma @ Sunil Kumar Sharma Son of Jaggan Sharma @ Jagen Sharma 2.

Bablu Sharma Son of Late Laxman Sharma 3.

Binod Sharma Son of Late Magan Sharma 4.

Shambhu Sharma Son of Sita Ram Sharma 5.

Gopal Sharma Son of Mungi Lal Sharma All Residents of Village- Radha Nagar, P.S.- Banmankhi, District- Purnea ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of petty feud, a dispute arose and in continuance of that, the accused persons started assaulting the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.16542 of 2019(2) dt.15-03-2019 2/2 petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 115 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T