Sujeet Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40719 of 2020 Arising Out of PS. Case No.-700 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

SUJEET SHARMA, S/o Rajendra Sharma 2.

SHATRUGHNA SHARMA, S/o Rajendra Sharma 3.

NAND LAL SHARMA, S/o Late Ram Lagan Sharma 4.

RAJENDRA SHARMA, S/o Ram Lagan Sharma 5.

ALOK SHARMA, S/o Ram Naresh Sharma 6.

RAKESH SHARMA, S/o Ram Naresh Sharma 7.

SUMIT KUMAR SHARMA, S/o Ashok Sharma 8.

ROHIT KUMAR SHARMA, S/o Ashok Sharma All are Resident of Village-Kharauni, P.S.-Madhaurah, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Nawal Kishore Singh, the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their

Patna High Court CR. MISC. No.40719 of 2020(2) dt.23-06-2021 2/3 arrest in connection with Madhaura P.S. Case No. 700 of 2020, instituted for the offences under Sections 341, 323, 324, 307, 504 and 354/34of the Indian Penal Code. An occurrence took place between the parties with respect to drainage of water on the road. There is no specific accusation against anyone of the petitioners. Two persons are said to have been injured in the occurrence from the side of the prosecution, one of whom has received simple injury, whereas the other has received grievous injury.

The learned counsel for the petitioners, however, has submitted that who has caused grievous injury is not known. He has further submitted that there is a counter version of the occurrence and in the aforesaid case, the petitioner No. 3 and the mothers of petitioner Nos. 5 and 6 have been injured.

The injury reports of the petitioner No. 3 and the mothers of petitioner Nos. 5 and 6 have also been brought on record as Annexure - 4 series to this bail application. The learned counsel for the petitioners has further

Patna High Court CR. MISC. No.40719 of 2020(2) dt.23-06-2021 3/3 submitted that an occurrence took place in a flash of temper over a petty dispute and there was no intention on the part of anyone of the accused persons to have caused any injury to any person of the prosecution side, much less any grievous injury.

Considering the background facts and taking into account that the petitioners do not have criminal antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Madhaurah P.S. Case No. 700 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T