Janardan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38073 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== JANARDAN SHARMA Son of Late Bhagawat Sharma Resident of Village - Chikani - Khar, P.S.- Gamharia, Distt - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with S. Tr. No. 30 of 2019 arising out of Gamahariya P.S. Case No. 124 of 2018 registered for the offence under Sections 341, 323, 324, 325, 307, 354, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation made in the FIR, it is stated that one Shyam Sharma tried to misbehave with the informant but on her waking up, he ran away. On the date of occurrence, eleven named accused persons including the petitioner herein came there, variously armed and assaulted the husband of the informant. Kundan Kumar, Shyam Sharma, Nandan Kumar and Pankaj Kumar have been specifically named for having

Patna High Court CR. MISC. No.38073 of 2019(2) dt.04-07-2019 2/2 assaulted the informant's husband.

It is submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner. There is land dispute between the parties. He has no criminal antecedent and he is in custody since 03.01.2018. The application for bail is opposed by the learned APP for the State.

Having heard learned counsel for the petitioner and learned APP for the State and considering the fact that similarly situated co-accused, namely, Sanjay Sharma has been granted anticipatory bail vide order dated 05.04.2019 passed in Cr. Misc. No. 21534 of 2019, this Court is inclined to grant bail to the above named petitioner on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Madhepura in connection with S. Tr. No. 30 of 2019 arising out of Gamahariya P.S. Case No. 124 of 2018.

(Partha Sarthy, J) sushma/- U T