Bijay Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36159 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -KHARIK District- BHAGALPUR ======================================================

1. Ajay Sharma Son of Late Jaideo Sharma

2. Ripu Sharma @ Ripu Kumar Sharma Son of Bijay Sharma

3. Deepak Sharma @ Deepak Kumar Sharma Son of Bijay Sharma All resident of village - Tulsipur, P.S. Kharik, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36676 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -KHARIK District- BHAGALPUR ======================================================

1. Bijay Sharma

2. Sanjay Sharma Both sons of Late Jaideo Sharma Resident of village - Tulsipur, P.S. Kharik, District - Bhagalpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.36159 of 2015) For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Ramchandra Singh (App) (In Cr.Misc. No.36676 of 2015) For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. B. N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4.

26-11-2015 Heard both sides.

The petitioners apprehend their arrest in Kharik P.S. Case No. 54/2015, registered for the offences punishable under Section 353 and other sections of the Indian Penal Code and under Section 5, 7, 8, 9 and 10 of Bihar Saw Mill Regulation Act.

Patna High Court Cr.Misc. No.36159 of 2015 (4) dt.26-11-2015 2/2 The informant alleged that Bijay Sharma was running a saw mill without any license and he went their and seized the saw mill and other materials and kept the same on government vehicle, but petitioner Ajay Sharma and his family members forcibly got down the seized material and threatened to kill him. It is submitted that no such occurrence took place; there is no seizure list. The petitioners are innocent and the informant lodged a false case. No specific allegation is made against any of the petitioners.

Considering the nature of allegation and the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Naugachia (Bhagalpur) in connection with Kharik P.S. Case No. 54/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T