Surendra Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46285 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Surendra Sharma, Son of Singasan Sharma,

2. Lakhindra Sharma Son of Singasan Sharma,

3. Deepak Sharma, Son of Paras Sharma, All R/o Village- Sugha Bhawanipur, P.S.- Kangali, District- West Champaran, Bettiah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2017 Heard both sides.

The petitioners apprehend their arrest in Kangali P.S. Case No. 39 of 2017 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Dhurendra Sharma, the informant, alleged that Umesh Sharma and others surrounded him and asked him to withdraw the case. Umesh Sharma assaulted the informant with Pharsa on his head. The informant fell down after being injured. Shyam Sundar Sharma assaulted the informant with spear on his left thigh. The other accused persons are also alleged to have assaulted the informant.

Patna High Court Cr.Misc. No.46285 of 2017 (2) dt.17-10-2017 Learned counsel for the petitioners submits that Dhurendra Sharma got only one injury that too on head which is attributed to Umesh Sharma. No other injury was found on the person of the informant.

It appears that the petitioners are alleged to have assaulted the informant, after assault made by Umesh Sharma and Shyam Sundar Sharma on head and thigh respectively, but no other injuries save and except on head which is attributed to Umesh Sharma is found on the body of the informant. Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, West Champaran, Bettiah in Kangali P.S. Case No. 39 of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T