Diwakar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15305 of 2018 Arising Out of PS.Case No. -281 Year- 2017 Thana -GHOSI District- JEHANABAD ======================================================

1. Diwakar Sharma, son of Late Chandrika Singh,

2. Bittu Kumar, son of Diwakar Sharma, Both Resident of Village- Dogra, P.S. Ghoshi, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend arrest in connection with Ghosi P.S. Case No.281 of 2017 registered for the offences under Sections 147, 148, 149, 448, 452, 323, 324, 307, 379 and 504 of Indian Penal Code and Section 27 of the Arms Act. It is alleged that these petitioners and eleven others armed with deadly weapons entered into the house of the informant and assaulted him and his family members. It is further alleged that when one Surendra Sharma tried to intervene, he was also assaulted by the accused persons.

It has been submitted that the allegation against these petitioner is general and omnibus. The injuries allegedly

Patna High Court Cr.Misc. No.15305 of 2018 (2) dt.09-04-2018 sustained by the injured are mostly found simple in nature. There is also a counter case bearing Ghosi P.S. Case No.284 of 2017 lodged by the wife of Harendra Sharma, who is also one of the accused.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioners, in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the likewise amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Ghosi P.S. Case No.281 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U