Munna Sharma @ Vibhuti Narayan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75616 of 2018 Arising Out of PS. Case No.-228 Year-2018 Thana- OBRA District- Aurangabad ======================================================
1. Munna Sharma @ Vibhuti Narayan Singh, Son of Umeshwar Prasad Singh @ Kameshwar Prasad Singh,
2. Laddu Sharma, Son of Govind Sharma,
3. Mantu Sharma, Son of Siya Ram Sharma,
4. Girijesh Kumar, Son of Balindra Sharma,
5. Akhilesh Sharma, Son of Bhikhar Singh,
6. Guddu Kumar, Son of Jitendra Kumar Sharma,
7. Mahendra Sharma, Son of Late Sukhdeo Sharma,
8. Hare Ram Sharma @ Hari Prapan Sharma @ Prapan Sharma, Son of Dilkeshwar Sharma, All are resident of Village- Manora, P.S.- Obra, Distt- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar Singh For the Opposite Party/s :
Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.
Petitioners seek bail in Obra P.S. Case No. 228/18 registered for the offence punishable under Sections 147, 148, 149, 353, 307, 332, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case in short is that on 20.10.2018 a caste violence had taken place at Village Manaura due to old land dispute. The informant, who is a Police Officer, went at the place of occurrence to maintain peace where he saw both the parties confronting with each other and firings were also been
Patna High Court Cr.Misc. No.75616 of 2018(2) dt.18-12-2018 2/3 reported. After seeing the police party, they fled away in the darkness. The police took persons of both sides into custody whose names find place in F.I.R.
It has been submitted on behalf of the petitioners that when the petitioners were trying to pacify the altercation, they were arrested in this case without any arm or even lathi danda. It has further been submitted that there is no allegation of any overt act against these petitioners. Petitioners are in custody since 21.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad (Bihar) in connection with Obra P.S. Case No. 228/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and
Patna High Court Cr.Misc. No.75616 of 2018(2) dt.18-12-2018 3/3 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T