Arjun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29686 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

ARJUN SHARMA SON OF PANCHU SHARMA Resident of Village - Launga, , P.S.- Gogri (Paura), Distt.- Khagaria. 2.

SHAMBHU SHARMA @ SHAMBHU KUMAR SON OF ARJUN SHARMA Resident of Village - Launga, , P.S.- Gogri (Paura), Distt.- Khagaria.

3.

SANJAY SHARMA SON OF ANIK SHARMA Resident of Village - Launga, , P.S.- Gogri (Paura), Distt.- Khagaria. 4.

ANIK SHARMA SON OF LATE RAMBARAN SHARMA Resident of Village - Launga, , P.S.- Gogri (Paura), Distt.- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Further, learned Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner Nos.1, 2 and 4, as the petitioner Nos.1, 2 and 4 have been taken into judicial custody.

Permission is accorded.

Patna High Court CR. MISC. No.29686 of 2021(2) dt.07-03-2022 2/3 The application filed on behalf of petitioner Nos.1, 2 and 4 is dismissed as withdrawn.

The petitioner No.3 is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 504, 506, 447, 387, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that the accused persons including the petitioner demanded rupees one lac and abused and fired from pistol and threatened to pay rangdari for cultivating the land. It has been submitted on behalf of the petitioner No.3 that there is no allegation of tampering of witnesses alleged against the petitioner No.3. The petitioner No.3 has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner No.3. No specific overt act is alleged against the petitioner No.3.

On behalf of the State, it is submitted that the petitioner No.3 is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner No.3, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.29686 of 2021(2) dt.07-03-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri (Paura) P.S. case No.443/2020, G.R. No.3697/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T