Patna High CourtCR. MISC./30049/2016rejected

Bijendra Sharma And ANR v. The State Of Bihar

2016-09-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30049 of 2016 Arising Out of PS.Case No. -37 Year- 2012 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Bijendra Sharma

2. Janardan Sharma Both Sons of Sheo Sharma resident of village - Rajpur, P.S. Rajpur, District - Rohtas at Sasara .... Petitioners

Versus

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

For the Petitioners : Mr. Sada Nand Roy, Adv. For the Opposite Party : Mr. S. Ehteshamuddin, APP 56 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both the sides.

The petitioners apprehend their arrest in Nasriganj (Rajpur) P.S. Case No. 37 of 2012 under Sections 307 and other sections of the Indian Penal Code, later on Section 302 of the Indian Penal Code was added, 27 of the Arms Act and 17 of the Criminal Law Amendment Act.

The informant alleged that while he was going to market on motorcycle the accused persons intercepted him and started assaulting the informant, Munna Singh, causing injury on his head and hand. The accused persons made firing, which hit Ravi Mohan Singh, who got fire arm injury in his head and died during the course of treatment. It is submitted that the informant named the petitioners along with other accused persons, but, no specific allegation is made against the petitioners. It appears that the petitioners and others were heavily armed with weapon. They came and brutally assaulted the informant, when the informant became injured, the accused persons made firing causing injury in the head of Ravi Mohan Singh. The accused persons also threatened to kill the brother of

Patna High Court Cr.Misc. No.30049 of 2016 (2) dt.08-09-2016 the informant, who was Pramukh.

Considering the facts and circumstances aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √