Nagendra Kumar Sharma @ Nagendra Singh @ Karu Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15776 of 2016 Arising Out of PS.Case No. -114 Year- 2011 Thana -ATRI District- GAYA ======================================================

1. Nagendra Kumar Sharma @ Nagendra Singh @ Karu Singh Son of Mandeep Singh

2. Vikash Kumar @ Laddu Kumar Son of Janardan Sharma Both are Residents of Village - Sirh, P.S.- Atri, District - Gaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 504, 379/34 of the Indian Penal Code.

Allegation against the petitioners is that they abused and assaulted the informant and also snatched Rs.54,000/- and a gold chain from him.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. They are made accused due to mistake of fact. After investigation the chargesheet was submitted only for offence under Section Sections 341, 323 and 504/34 of the Indian Penal Code. As far as offence under Section 379 of the Indian Penal Code is concerned, same was found to be false. Subsequently, the court below has differed with the police report and has taken cognizance under Section 379 of the Indian Penal Code.

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

Patna High Court Cr.Misc. No.15776 of 2016 (2) dt.18-05-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya, in connection with Atri P.S. Case no. 114 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T