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Patna High CourtCR. MISC./71718/2018bail granted

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

2018-12-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71718 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- BANMANKHI District- Purnia ======================================================

1. Anil Sharma @ Anil Kumar Sharma son of Rajendra Sharma.

2. Surendra Sharma, son of Guneshwar Sharma.

3. Aman Sharma @ Aman Kumar, son of Surendra Sharma.

4. Hari Sharma son of Upendra Sharma.

5. Chander Sharma son of Upendra Sharma.

6. Prameshwari Sharma son of Babujee Sharma.

7. Dalu Sharma son of Babujee Sharma.

8. Bambam Sharma son of Parmeshwari Sharma.

9. Ajai Sharma son of Parmeshwari Sharma.

10. Kewal Sharma son of Late Ramkishun Sharma. 11.Dhanik Lal Sharma son of Kewal Sharma.

12. Manik Lal Sharma son of Kewal Sharma.

13. Arun Sharma son of Bhumi Sharma.

14. Wakil Shharma son of Bhumi Sharma.

15. Amit Sharma son of Arun Sharma.

16. Debu Sharma son of Late Babujee Sharma. All resident of Village- Radha Nagar, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

The prosecution case, in short, is that while the informant at his house, the accused persons came to his house and committed theft in the field and when the informant protested, he was assaulted

Patna High Court Cr.Misc. No.71718 of 2018(2) dt.17-12-2018 2/2 by them.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

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 Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 114 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T