Dukhan Sharma And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52846 of 2015 Arising out of PS.Case No. -200 Year- 2011 Thana -KISHUNPUR District- SUPAUL ======================================================
1. Dukhan Sharma, son of Late Rameshwar Sharma
2. Pawan Kumar, son of Maheshwari Sharma
3. Durganand Kumar, son of Shilendra Sharma. All are residents of Naua Bakhar, Tola Bhelwa, P.S. Kishanpur, District Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-12-2015 Heard the parties.
Learned counsel is permitted to correct the name of the petitioner no.3.
The petitioners apprehend their arrest in connection with Kishanpur P.S. Case No. 200 of 2011 (G.R. No.1605 of 2011) for the offences punishable under sections 147, 148, 149, 322, 307, 324, 379, 447 and 504 of the Indian Penal Code. Mr. Karuna Kant Jha, learned counsel appearing on behalf of the petitioners submits that although upon investigation the Investigating Officer has submitted final form but the Magistrate disagreeing therefrom has taken cognizance against the petitioners even when there is no direct allegation against them. With reference to the FIR placed at Annexure-1 he submits that
Patna High Court Cr.Misc. No.52846 of 2015 (2) dt.15-12-2015 although allegation is attributable to one Parmeshwari Sharma and Shilendra Sharma but save and except general allegation against these petitioners no overtact is attributable to the petitioners. Having heard learned counsel for the parties and considering the submissions made, let the petitioners, namely, Dukhan Sharma, Pawan Kumar and Durganand Kumar respectively, in the event of their arrest or surrender within four weeks from today be released on bail upon each of them furnishing bail bonds of Rs.10,000 (Ten thousand Rupees) with two sureties of the like amount each to the satisfaction of Shri Jitendra Kumar, the learned Judicial Magistrate, 1st Class, Supaul and/or the court concerned in connection with Kishanpur P.S. Case No.200 of 2011 (G.R. No.1605 of 2011) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Jyoti Saran, J) SKPathak/DeepikaU