Nand Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35630 of 2020 Arising Out of PS. Case No.-251 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

NAND KISHOR SHARMA, Son of Late Ram Jatan Sharma, Resident of Village- Bajitpur (Bharthu), P.S.- Ghosi, District- Jehanabad 2.

Shyam Bihari Sharma @ Bhuri Sharma, Son of Late Ram Jatan Sharma, Resident of Village- Bajitpur (Bharthu), P.S.- Ghosi, District- Jehanabad ... Petitioners

Versus

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

For the Petitioners :

Mr. Shivendra Prasad, Adv.

For the Opposite Party :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-04-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 16.12.2020, within four weeks of starting of the Court proceeding in physical mode properly. Heard the parties through video conferencing. The petitioners seek pre-arrest bail in connection with Ghosi P.S. Case No. 251 of 2020, registered under Sections 341, 323, 307, 452, 427 and 506/34 of the Indian Penal Code. The accusation is that both the petitioners, Nand Kishor Shrama and Shyam Bihari Sharma @ Bhuri Sharma, along with Rajiv Ranjan and Binod Sharma, having lathi and sticks in their hands, entered in the house of the informant, Ajit Bihari Sharma, and started to cause assault to him and his son, Navin Kumar, in which the informant and his son received the injury. When, wife and daughter of the informant rushed to save them, then, they were also assaulted. At that time, they also

Patna High Court CR. MISC. No.35630 of 2020(2) dt.09-04-2021 2/2 damaged the boundary wall.

Submission is that in fact, due to land dispute occurrence of marpeet took place in which petitioners' side also sustained injury, regarding which Ghosi P.S. Case No. 250 of 2020 was also registered on the basis of the fardbeyan of petitioner no. 1, Nand Kishor Sharma, under Sections 341, 323, 324, 307, 354 and 379/34 of the Indian Penal Code against the informant of the present case and three others. Both the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ghosi P.S. Case No. 251 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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