Patna High CourtCR. MISC./43143/2016bail granted

Srikant Sharma v. The State Of Bihar

2016-10-24Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43143 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Srikant Sharma, Son of Mahendra Prasad Sharma, Resident of VillageDiwakar Kitta, P.S. Sahkund, District Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-10-2016 Heard Sri B.P.Pandey, learned Senior Counsel, who was assisted by Sri Pravin Kumar Sinha, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 25.03.2016 in Mojahidpur ( Babarganj) P.S. Case No.44/2016 registered for the offence under Sections 147, 148, 149, 448, 341, 504, 323, 324, 307 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that on perusal of the F.I.R. it is evident that the land dispute in between the parties was going on. By way of referring to Annexure-2 to the petition, he submits that there was counter

Patna High Court Cr.Misc. No.43143 of 2016 (3) dt.24-10-2016 2/2 case from the petitioner's side. He further submits that the petitioner, who is son-in-law of one of the co-accused, has falsely been made accused in this case. He submits that in the F.I.R., there is general and omnibus allegation.

Keeping in view the fact that there was case and counter case, land dispute was going on in between the parties and also the fact that there is general and omnibus allegation, let the petitioner, namely, Srikant Sharma, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No.44/2016.

(Rakesh Kumar, J) NKS/- U T