Patna High CourtCR. MISC./52896/2016bail granted

Ashok Sharma And ANR v. The State Of Bihar

2017-01-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52896 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Ashok Sharma S/o Kanhaiya Sharma

2. Subodh Mehta @ Subodh Kumar Mehta Son of Mahendra Mehta Both Resident of Village-Katahi, P.S.Chhatapur (Rajeshwari O.P.) DistrictSupaul .... Petitioners

Versus

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

For the Petitioners : Mr. Dinesh Choudhary, Adv. For the Opposite Party : Mrs. Renuka Ratnakar, APP 125 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-01-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code.

According to the informant, he along with the deceased was member of a group engaged in demolition of the house of Jagdev Chaupal. When the protest was made from the family members of Jagdev Chaubal, the informant and others started fleeing. In the meantime, the villagers assembled and the mob converted into the unlawful assembly and committed assault causing death of Santosh Yadav.

Submission of the petitioner is that it is a case of self defence. There is no specific attribution against any of the petitioners and similar situated accused person, Abdhesh Sardar and others, have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 47781 of 2016 on 24.11.2016.

Considering the aforesaid fact, the petitioners, above

Patna High Court Cr.Misc. No.52896 of 2016 (3) dt.18-01-2017 named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Chhatapur P.S. Case No. 140 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, II, Supaul, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √