Patna High CourtCR. MISC./64740/2018partly allowed disposal

Raghunath Sharma And ORS v. The State Of Bihar

2018-12-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64740 of 2018 Arising Out of PS. Case No.-206 Year-2018 Thana- SIKARPUR District- West Champaran ======================================================

1. Raghunath Sharma son of Late Ganesh Sharma

2. Pappu Sharma son of Raghunath Sharma

3. Rajesh Sharma son of Late Ganesh Sharma All are residents of vllage- Enerwa Tola, Police StationShikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Shikarpur P.S. Case No.206 of 2018 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. Considering the fact that petitioner nos.1 and 3, namely, Raghunath Sharma and Rajesh Sharma are not alleged to be armed with any weapon, in the event of arrest or surrender before the court below within six weeks from today, they are directed to 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 learned Chief Judicial

Patna High Court Cr.Misc. No.64740 of 2018(2) dt.13-12-2018 2/2 Magistrare, Bettiah, West Champaran in connection with Shikarpur P.S. Case No.206 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

As far as petitioner no.2, namely, Pappu Sharma is concerned, since he is alleged to have mercilessly assaulted the informant with Lathi along with others, I am not inclined to grant him pre-arrest bail. Accordingly, his application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J) Md. S/- U T