Nabeen Sharma And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9823 of 2015 Arising Out of PS.Case No. -225 Year- 2014 Thana -KHARIK District- BHAGALPUR ======================================================

1. Nabeen Sharma.

2. Shiva Mandal @ Shivajee Singh.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Indradeo Prasad, Advocate. For the Opposite Party : Mr. Nawal Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307,504 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the accused persons including the petitioners came and co-accused Bahadur Sharma fired causing injury on the thigh of the informant when the nephew of the informant came to rescue then he was assaulted by accused persons with the butt of pistol.

It is submitted by learned counsel for the petitioners that the accusation of firing is not against the petitioners. There is counter version of

Patna High Court Cr.Misc. No.9823 of 2015 (2) dt.11-03-2015 2 / 2 occurrence also and admittedly the occurrence took place in the background of bonafide land dispute between the parties. A statement has been made in paragraph no. 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Kharik P.S. Case No. 225 of 2014, G.R. No. 1473 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Naugachhia, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T