Patna High CourtCR. MISC./6243/2017bail granted

Sonelal Sharma @ Shealne Lal Sharma v. The State Of Bihar

2017-03-06Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4910 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ====================================================== Sahdeo Sharma, Son of Late Bhola Sharma, Resident of Village- Navtoliya, Ward No.6, P.S.- Gamhariya, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.6243 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ====================================================== Sonelal Sharma @ Shealne Lal Sharma, Son of Late Khelu Sharma, Resident of Village- Bhelwa, Tole- Navtorliya, P.S. Gamhariya, DistrictMadhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.4910 of 2017):

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

(In Cr.Misc. No.6243 of 2017) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 06-03-2017 The petitioner of both the aforesaid applications seeks bail in connection with Gamaharia P.S. Case No.59 of 2016, registered under Sections 341, 323, 324, 307 and 354/34 of the Indian Penal Code. Therefore, both the applications have been

Patna High Court Cr.Misc. No.4910 of 2017 (2) dt.06-03-2017 2/3 heard together and are being disposed of by this common order. The allegation of the informant Sita Devi is that on 02.03.2016, she furnished the surity for bail of Gosai Sharma and others. As there was land dispute in between her and Sonelal Sharma (petitioner in Criminal Misc. No.6243 of 2017), due to that reason, Sonelal Sharma (petitioner in Criminal Misc. No.6243 of 2017) and five others, named in the F.I.R., including Sahdeo Sharma (petitioner in Criminal Misc. No.4910 of 2017) arranged the meeting in the night. Accordingly, on 03.03.2016, all came at the door of the informant. At that time, Sonelal Sharma (petitioner in Criminal Misc. No.6243 of 2017) caused cut injury at the neck of the informant through Dabia whereas Sahdeo Sharma (petitioner in Criminal Misc. No.

4910 of 2017) caused injury on the three fingers of left hand of Ghutri Devi through Dabia. Learned counsel appearing on behalf of the petitioners submits that, in fact, due to land dispute, the occurrence of "MaarPeet" took place in between the parties. Moreover, the injury, as caused to the informant and Ghutri Devi, by Sonelal Sharma alias Shealne Lal Sharma (petitioner in Criminal Misc. No.6243 of 2017) and Sahdeo Sharma (petitioner in Criminal Misc. No.4910 of 2017) respectively are said to be simple in nature. The petitioner Sahdeo Sharma (in Criminal Misc. No.

Patna High Court Cr.Misc. No.4910 of 2017 (2) dt.06-03-2017 3/3 in custody since 23.05.2016 and the petitioner Sonelal Sharma alias Shealne Lal Sharma (in Criminal Misc. No.6243 of 2017) is in custody since 15.12.2016.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Madhepura, in connection with Gamhariya P.S. Case No.59 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T