Ramsewak Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37348 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.
Ramsewak Sharma, Son of Nathuni Sharma, Resident of Village-Sher, Police Station-Sidhwalia, District-Gopalganj. 2.
Mahendra Sharma, Son of Shiv Pujan Sharma, Resident of Village-Sher, Police Station-Sidhwalia, District-Gopalganj. 3.
Jai Narayan Sharma @ Jag Narayan Sharma, Son of Late Bangali Sharma, Resident of Village-Sher, Police Station-Sidhwalia, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 This is an application for grant of anticipatory bail in connection with Sidhwalia P. S. Case No. 243 of 2018, disclosing offences under Sections 147, 148, 323, 447, 448, 341, 342, 427, 379, 308 and 504 of IPC.
Prosecution case is that while brother and brother-inlaw (Jija) of the informant was coming by motorcycle, the petitioners and other accused persons intercepted them and chased him to his house. There is allegation against one Ram Sewak Shama that he has assaulted by sword on his head and petitioner no.2 assaulted by farsa on his neck but that hit on the chick and petitioner no.3 is also named in the F.I.R. There is also general assault by other accused persons.
Patna High Court CR. MISC. No.37348 of 2019(4) dt.20-09-2019 2/2 Submission of the learned counsel for the petitioners is that there is case and counter case between the parties. Earlier also two cases have been lodged by the informant against the petitioner no.2. Apart from that 107 proceedings is going on between the parties and moreover, all the injuries are found to be simple in nature, except one injury that is attributed to Ram Sewak Sharma.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M.-VI, Gopalganj, in connection with Sidhwalia P. S. Case No. 243 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T