Deo Narayan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31687 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.
DEO NARAYAN SHARMA Son of Late Sahari Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 2.
Shankar Sharma Son of Late Sahari Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa.
3.
Rajesh Sharma Son of Shankar Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa.
4.
Dhorai Sharma @ Dhalai Sharma Son of Late Chhatthu Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 5.
Phulo Sharma Son of Dhorai Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa.
6.
Niro Sharma @ Niro Kumar Son of Nunu Babu Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 7.
Kishor Sharma @ Anant Kishor Sharma Son of Gango Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 8.
Mano Sharma @ Mandeshwari Sharma Son of Late Shanichar Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 9.
Gango Sharma Son of Biranchi Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa.
10.
Laxman Sharma @ Tilar Sharma Son of Late Jago Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 11.
Birju Sharma @ Birju Kumar Son of Mano Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa. 12.
Nunu Babu Sharma Son of late Sahari Sharma Resident of village Korlahi, Police station- Saharsa, District- Saharsa.
13.
Chandan Sharma @ Chandan Kumar Son of Kishor Sharma Alla re Resident of village Korlahi, Police station- Saharsa, DistrictSaharsa. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Singh For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2019 Heard the parties.
Patna High Court CR. MISC. No.31687 of 2019(2) dt.24-07-2019 2/3 At the very outset, it is submitted by the learned counsel for the petitioners that petitioner no.12 (Nunu Babu Sharma) has been arrested during the pendency of this application.
In view of the above, this application against the petitioner no.12 stands dismissed as withdrawn. Petitioner no.1 to 11 and 13 are apprehending their arrest in connection with Saharsa Sadar P.S.Case No.05/2019 dated 2.1.2019 , registered for offences punishable under Sections 341, 323, 354, 308, 379, 504, 506/34 of the Indian Penal Code.
FIR disclosed that the petitioners and other accused persons variously armed came at the place of occurrence and assaulted the informant and there is also allegation of firing but that did not hit anybody and there is allegation against the petitioner no.1 that he took out Rs.4,200/- . Submission of the learned counsel for the petitioners is that the impugned order itself shows that there is quarrel between the parties with respect to land dispute and there is case and counter case between the parties . Injury report is not available.
Heard learned A.P.P. also.
Patna High Court CR. MISC. No.31687 of 2019(2) dt.24-07-2019 3/3 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner nos.1 to 11 and 13 , above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa in connection with Saharsa Sadar P.S.Case no.05/2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T