Laxman Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25280 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -SONBERSA District- SAHARSA ======================================================
1. Laxman Sharma, son of Late Bhairo Sharma
2. Shambhu Sharma, son of Vishundeo Sharma
3. Udesh Sharma, son of Babuan Sharma
4. Bulendra Sharma @ Bilendra Sharma, son of Satya Narayan Sharma,
5. Dilip Sharma, son of Laxman Sharma, All are resident of VillageMangnama, Ward No. 6, P.S.- Sonbarsa Raj (Kashnagar O.P.), DistrictSaharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 The petitioners are apprehending their arrest in connection with Sonbarsa Raj (Kashnagar O.P.) P.S. Case No. 140 of 2017, registered for offences punishable under Sections 147, 149, 341, 323, 324, 307, 379 of the Indian Penal Code. Allegation against the petitioners and others is of assault to the informant.
It has been submitted on behalf of the petitioners that there is no allegation of assault against these petitioners rather they were only present at the place of occurrence and specific allegation against one Chandeshwar Sharma, who assaulted by means of khanti on the head of the informant.
Patna High Court Cr.Misc. No.25280 of 2018 (3) dt.25-06-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sonbarsa Raj (Kashnagar O.P.) P.S. Case No. 140 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.25280 of 2018 (3) dt.25-06-2018 3/3 prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T