Dharmendra Sharma @ Dharmanendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.431 of 2021 Arising Out of PS. Case No.-421 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== 1.

DHARMENDRA SHARMA @ DHARMANENDRA KUMAR S/o Ram Sharan Sharma R/o village- Chhota Bangra, P.S.- Sugauli, District- East Champaran 2.

Kundan Sharma S/o Ram Sharan Sharma R/o village- Chhota Bangra, P.S.- Sugauli, District- East Champaran 3.

Raju Sharma S/o Ram Sharan Sharma R/o village- Chhota Bangra, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 307, 504 and 120(B) of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant along with others was on the way, the accused persons surrounded them and assaulted them due to which they

Patna High Court CR. MISC. No.431 of 2021(2) dt.15-07-2021 2/3 sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation of assault is alleged against the co-accuseds namely Sanjay Sharma, Atal Sharma, Ram Kewal Sharma, Bharat Sharma, Chhatu Sharma.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 421 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.431 of 2021(2) dt.15-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T