Bharat Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29773 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- GORAUL District- Vaishali ====================================================== 1.

BHARAT SHARMA Son of Ramjee Thakur Resident of Village - Sahpur Gaus @ Majia, P.S.- Goraul, P.S. No. 312 of 2019 (Kahara O.P.), District - Vaishali.

2.

Mahendra Thakur Son of Gonaur Thakur Resident of Village - Sahpur Gaus @ Majia, P.S.- Goraul, P.S. No. 312 of 2019 (Kahara O.P.), District - Vaishali.

3.

Rakesh Sharma Son of Ram Chandra Thakur Resident of Village - Sahpur Gaus @ Majia, P.S.- Goraul, P.S. No. 312 of 2019 (Kahara O.P.), District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr. N. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Counsel for the petitioners seeks permission to withdraw the present application on behalf of the petitioner No.3 as the petitioner No.3 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.3 is dismissed as withdrawn.

Heard learned counsel for the petitioners No.1 and 2 and

Patna High Court CR. MISC. No.29773 of 2020(2) dt.22-01-2021 2/3 learned APP for the State.

The petitioners No.1 and 2 are apprehending their arrest in a case registered under Sections 147, 149, 333, 337, 338, 341, 323, 353, 307, 427, 504, 506, 120B of the Indian Penal Code. Allegation is that the accused persons and 70-80 unknown armed with lahti, danda and damaged the vehicle of police station and thrown bricks on police personnel, on account of which some of police personnel received injuries. It has been submitted on behalf of the petitioners that the petitioners No.1 and 2 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners No.1 and 2. The petitioners No.1 and 2 have falsely been implicated in the present case. Altogether 28 persons are said to have been named in the F.I.R. including 70-80 unknown. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners No.1 and 2. On behalf of the State, it is submitted that the petitioners No.1 and 2 are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners No.1 and 2, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.29773 of 2020(2) dt.22-01-2021 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. case No.312 of 2019 (Kathara O.P.), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T