Yogendra Sharma @ Yogendra Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25263 of 2020 Arising Out of PS. Case No.-223 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== 1.

YOGENDRA SHARMA @ YOGENDRA PRASAD SHARMA Son of Late Ramsebak Sharma Resident of Village- Kalasan, Thuthi Basa, Ward No. 1, P.S.- Chousa, District- Madhepura.

2.

Rajendra Sharma @ Rajendar Sharma Son of Late Ramsebak Sharma Resident of Village- Kalasan, Thuthi Basa, Ward No. 1, P.S.- Chousa, District- Madhepura.

3.

Kokan Sharma Son of Sottan Sharma Resident of Village- Kalasan, Thuthi Basa, Ward No. 1, P.S.- Chousa, District- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar No.1, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-11-2020 Heard learned counsel for the petitioners and learned APP for the State through video conference. Learned counsel for the petitioners undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354, 307, 379, 427, 504 and 506/34 of the Indian Penal Code, registered in

Patna High Court CR. MISC. No.25263 of 2020(3) dt.23-11-2020 2/3 connection with Chousa P.S. Case No. 223 of 2019.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. The FIR has been instituted on 27.07.2019, about four days after the date of occurrence on 23.07.2019. It is submitted that as transpires from the order of the learned Sessions Judge, all the injuries are simple in nature and there is admitted land dispute between the parties. The petitioners claim clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda-kishunganj (Madhepura) in connection with Chousa P.S. Case No. 223 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1

Patna High Court CR. MISC. No.25263 of 2020(3) dt.23-11-2020 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T