Kalanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32881 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

Kalanand Sharma, Son of Late Asharfi Sharma Resident of Village- Sokela Ward No. 10, P.S.- Bhargama, District- Araria. 2.

Durganand Sharma Son of Late Asharfi Sharma Resident of Village- Sokela Ward No. 10, P.S.- Bhargama, District- Araria. 3.

Deva Nand Sharma Son of Late Asharfi Sharma Resident of Village- Sokela Ward No. 10, P.S.- Bhargama, District- Araria. 4.

Arbind Sharma Son of Kalanand Sharma Resident of Village- Sokela Ward No. 10, P.S.- Bhargama, District- Araria.

5.

Rabin Sharma @ Rabind Sharma Son of Kalanand Sharma Resident of Village- Sokela Ward No. 10, P.S.- Bhargama, District- Araria. 6.

Bhupen Sharma @ Bhupend Sharma Son of Kalanand Sharma Resident of Village- Sokela Ward No. 10, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bhargama P.S. Case no. 31 of 2019, registered under Sections 341, 323, 324, 354B, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 01.02.2019 at about 2.00 P.M. informant, namely, Satya Narain Sharma was at his house.

Patna High Court CR. MISC. No.32881 of 2019(2) dt.20-05-2019 2/3 At that time, petitioners reached there and petitioner No.1 Kalanand Sharma ordered to remove the house of the informant on which all started to cause assault the informant. In that course, petitioner No.2 caused injury through Dabiya at the left palm of the informant, when he raised alarm then Gulab Chand Sharma and Ranju Devi, brother and daughter-in-law of the informant rushed to save him then they were also assaulted by them. At that time, petitioner No.1 torn clothes of daughter of the informant and took cash of Rs. 1000/- from the pocket of the informant.

Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to land dispute in which petitioner side also sustained injury regarding which Bhargama P.S. Case No. 30 of 2019 was instituted on the basis of fardbeyan of petitioner No.3, Deva Nand Sharma. Moreover, the injuries as found on the person of the informant and his other family members are simple in nature. The petitioners have no criminal antecedent.

Having regard to 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

Patna High Court CR. MISC. No.32881 of 2019(2) dt.20-05-2019 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 31 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T