Jitendra Sharma @ Jitendra Kumar Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46117 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -KOPA District- SARAN ======================================================
1. Jitendra Sharma @ Jitendra Kumar Sharma, Son of Late Raj Bali Sharma, Resident of Village - Choukhara, P.S. - Kopa, District - Saran.
2. Arvind Sharma, Son of Dhurendra Shama, Resident of Village - Bhadapa, P.S. - Rivilganj, District - Saran.
3. Ramesh Sharma, Son of Rajendra Pd. Sharma, Resident of Village - Suremanpur, P.s. - Suremanpur, District - Baliya (U.P.). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-10-2015 Heard Sri Mukesh Kumar Singh, learned counsel for the petitioners and Mr. Ahmad Ali, learned Addl. Public Prosecutor.
Three petitioners, apprehending their arrest in connection with Kopa P.S. Case No. 41/2015 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code, have prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioners that in the F.I.R., there is general and omnibus allegation. He further submits that it is admitted case of land dispute and there was case and counter case in between the parties. Learned counsel
Patna High Court Cr.Misc. No.46117 of 2015 (2) dt.14-10-2015 2/2 for the petitioners has also argued that other accused have been extended the privilege of anticipatory bail.
Learned Addl. Public Prosecutor, of course, has opposed the prayer for anticipatory bail, he does not dispute the fact that there is case and counter case in between the parties and also the fact that there is no specific accusation against the petitioners.
Keeping in view the fact that there is case and counter case and no specific accusation against the petitioners, let the petitioners (i) Jitendra Sharma @ Jitendra Kumar Sharma (ii) Arvind Sharma and (iii) Ramesh Sharma, in the event of their arrest or surrender within eight weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Kopa P.S. Case no.41/2015 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U