Dhiraj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37259 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dhiraj Sharma son of Jhulan Sharma @ Suman Sharma, resident of village- Barai Tola, Police Station- Chhatauni, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 448, 427 of the Indian Penal Code, subsequently Section 302 I.P.C was also added. The prosecution case is that F.I.R named accused persons including 20-25 unknown came and started robbing the household article. On protest being made by the sons of the informant namely Sanjay Das and Ranjan Das the accused persons assaulted the informant and his sons with Bhala and Garasa and took away articles from the house of the informant. During course of treatment one of the sons of the informant Sanjay Das succumbed to the injuries. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.37259 of 2015 (2) dt.14-09-2015 2/2 petitioner that petitioner was not named in the First Information Report. The name of the petitioner sprang up at the very belated stage and the F.I.R named accused person has been granted anticipatory bail vide Cr. Misc. No. 20545 of 2015.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 53 of 2015, arising out of G.R. Case No. 1128 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T