Patna High CourtCR. MISC./24954/2014rejected

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

2015-01-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24954 of 2014 Arising Out of PS.Case No. -179 Year- 2013 Thana -AMARPUR District- BANKA ======================================================

1. Vinit Sharma @ Vinit Kumar Sharma

2. Nitish Sharma @ Nitish Kumar Sharma Both are sons of Subodh Sharma

3. Ambuj Sharma @ Ambuj Kumar Sharma Son of Late Vasishtha Sharma All resident of village - Khardauri, P.S. - Amarpur, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amiya Kunal For the Opposite Party/s : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 341, 323, 324, 325, 307 and 504/34 of the I.P.C.

Allegedly these petitioners and co-accused Subodh Sharma wrongfully confined the Informant and his brothers and brutally indiscriminately assaulted them with iron-rod, sickles and lathis with an intention to kill them in which they sustained injuries on the different parts of the body including the head. Submission is that the injuries caused to them were simple in nature. The petitioners are student and co-accused Subodh Sharma has already been allowed regular bail and as such

Patna High Court Cr.Misc. No.24954 of 2014 (5) dt.12-01-2015 2/2 the petitioners deserve sympatrical situation to which the learned A.P.P. opposed.

Considering the injuries found on the person of the Informant and his brothers, this Court is not persuaded to grant privilege of pre-arrest bail to the petitioners. Accordingly, prayer for anticipatory bail of the petitioners stands rejected in connection with Amarpur P.S. Case No. 179 of 2013 pending in the court of C.J.M. Banka.

However, in case if they so advised, the petitioners surrender and seek regular bail, their prayer for regular bail shall be considered on the same day on its own merits without being prejudiced by the order of this Court.

(Jitendra Mohan Sharma, J) Abhay/- U T