Kailash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31586 of 2020 Arising Out of PS. Case No.-122 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.

Kailash Sharma S/o Sahdeo Sharma Resident of Village-Madhay, Police Station-Rajoun, District-Banka.

2.

Basudeo Sharma S/o Sahdeo Sharma Resident of Village-Madhay, Police Station-Rajoun, District-Banka.

3.

Vijay Sharma S/o Sahdeo Sharma Resident of Village-Madhay, Police Station-Rajoun, District-Banka.

4.

Sikandar Sharma S/o Sahdeo Sharma Resident of Village-Madhay, Police Station-Rajoun, District-Banka.

5.

Sahdeo Sharma S/o Late Asharfi Sharma Resident of Village-Madhay, Police Station-Rajoun, District-Banka.

6.

Biro Sharma S/o Kishori Sharma Resident of Village-Madhay, Police Station-Rajoun, District-Banka.

7.

Pintu Sharma S/o Biro Sharma Resident of Village-Madhay, Police StationRajoun, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rajoun P.S. Case no. 122 of 2020 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.31586 of 2020(3) dt.04-03-2021 2/3 As per allegation in the F.I.R., it is stated by the informant that some disputes started over small fight between the children and thereafter it is stated that all the accused persons assaulted the informant and others as a result of which he sustained injuries. The informant further states that he has pain in his body.

It is submitted by learned counsel for the petitioners that from perusal of the F.I.R. itself it would transpire that it was a trivial dispute which has been blown out of proportion to make it appears serious. There is a case and counter case between the parties. All sections except section 307 of the I.P.C. are bailable and no offence under section 307 of the I.P.C. is made out. The petitioners have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Rajoun P.S. Case

Patna High Court CR. MISC. No.31586 of 2020(3) dt.04-03-2021 3/3 no. 122 of 2020, they will be enlarged on bail on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Bibhash/- U T