Vijay Sharma And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35361 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -KOPA District- SARAN ======================================================
1. Vijay Sharma
2. Harendra Sharma
3. Birendra Sharma All sons of Late Khedan Sharma
4. Manoj Sharma @ Manoj Kr. Sharma son of Raj Bali Sharma All residents of Village - Medena, P.S. - Riwilganj, District - Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 332, 307, 379 and 504 of the Indian Penal Code. It is alleged that the accused persons assaulted the informant and his mother and when the father and cousin brother of the informant came to rescue they were also assaulted. It is further alleged that female members of the house of the informant were also assaulted and `5,000/- was taken away. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. Only the informant and his father have received one injury each, though, the opinion has been
Patna High Court Cr.Misc. No.35361 of 2015 (2) dt.08-09-2015 2/2 kept reserved. It is further submitted that cousin brother and female members of the house of the informant have not received any injury as there is no injury report with regard to them is on record. There is counter version of the occurrence and mother of petitioner no.1 has received grievous injury. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Kopa P.S. Case No. 41 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T