Sita Ram Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25539 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- RANIGANJ District- Araria ====================================================== 1.
Sita Ram Sharma Son of Late Bengali Sharma Resident of VillageBaijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 2.
Basdev Sharma Son of Late Bengali Sharma Resident of VillageBaijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 3.
Bhola Sharma Son of Sita Ram Sharma Resident of Village- Baijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 4.
Munna Sharma Son of Sita Ram Sharma Resident of Village- Baijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 5.
Ganesh Sharma Son of Sita Ram Sharma Resident of Village- Baijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 6.
Chandan Sharma Son of Bhola Sharma Resident of Village- Baijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 7.
Niraj Kr. Sharma Son of Bhola Sharma Resident of Village- Baijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. 8.
Yoganand Sharma Son of Late Babujee Sharma Resident of VillageBaijnathpur, Kala Balwa, Ward No. 01, P.S.- Raniganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 136 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code.
Patna High Court CR. MISC. No.25539 of 2019(2) dt.24-04-2019 2/3 Over row of falling tree, all the accused persons named in the F.I.R. descended at the door of the house of the informant chasing him and petitioner Sita Ram Sharma caught hold the informant and accused Abhinash Sharma gave spade blow on his leg and when the brothers of the informant rushed in his rescue, accused Abhinash Sharma gave spade blow on the head of Bikash Sharma.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have no concern with the aforesaid occurrence. Petitioners are not the assailant. Moreover, the injury sustained by the victims are simple in nature. There is land dispute between the parties. Petitioners have no criminal antecedent. On the other hand, learned APP for the State opposed the bail prayer of the petitioners.
In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Raniganj P.S. Case No. 136 of 2018, subject to
Patna High Court CR. MISC. No.25539 of 2019(2) dt.24-04-2019 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T