Ramesh Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64842 of 2018 Arising Out of PS.Case No. -292 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ramesh Sharma Son of Late Raghunath Thakur
2. Munna Sharma Son Late Raghunath Thakur
3. Vinay Sharma, S/o Ramesh Sharma
4. Prakash Sharma @ Om Prakash Sharma Son of Ramesh Sharma
5. Sunil Sharma Son of Kanhaiya Lal Sharma
6. Renu Kumari @ Rinku Kumari D/O of Kanhaiya Sharma
7. Sunaina Devi Wife of Kanhaiya Sharma
8. Sudhir Sharma @ Sudhir Kumar Sharma Son of Kanhaiya Lal Sharma
9. Ganesh Sharma Son of Late Manshi Sharma All are Resident of VillageBarwachap,Police Station-Chanpatiya, Distt.-West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections l47, 149, 341, 323, 324, 447, 307, 379, 504 of the Indian Penal Code.
The prosecution case, in brief, is that all the accused persons came there and started damaging the house of informant. On protest, the accused persons assaulted him with Lathi, Danda and took away the articles of shop worth Rs. 10,000/- It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.64842 of 2018 (2) dt.25-10-2018 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner Nos. 1 to 8. The petitioner No. 9 is alleged to have caused injury upon the victim. As per the injury report, the injury is simple in nature. Hence, no offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 292 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T