Kamlesh Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16793 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Kamlesh Sharma, son of Parsuram Sharma, Resident of Village - Lakhapur, P.S. - Parasbigha, District - Jehanabad.

2. Shailendra Sharma, son of Prasuram Sharma, Resident of Village - Lakhapur, P.S. - Parasbigha, District - Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Parasbigha P.S. Case No.141 of 2017 for allegedly having committed the offence under Sections 341, 323, 325, 307, 504, 447, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that though there is an allegation of firing by the petitioners, there is case and counter case between the parties. It is further submitted that Title Partition Suit No.74 of 2012 is pending between the parties and for the said reason alone,

Patna High Court Cr.Misc. No.16793 of 2018 (2) dt.10-04-2018 2/2 the present case has been lodged against the petitioners to put pressure on them.

Having considered the entire facts and circumstances of the case, let 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Bharti, learned Judicial Magistrate, 1st Class, Jehanabad, in connection with Parasbigha P.S. Case No.141 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T