Akhilesh Sharma @ Akhilesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25633 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== 1.Akhilesh Sharma @ Akhilesh Kumar son of Tuntun sharma

2. Mukesh Sharma, S/O Tuntun Sharma

3. Golu Sharma @ Golu Kuamr Son of Tuntun Sharma

4. Shailesh Sharma @ Shailesh Kuamr son of Tuntun Sharma

5. Ravi Sharma @ Ravi Kumar s/O Lalu Sharma

6. Deepak Sharma Son of Kameshwar Sharma All resident of village Sherpur Ganj Chapra Muffasil, District chapra .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anjani Parashar For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Chapra Muffasil P.s.Case nO.75 of 2018 , registered for offences punishable under Sections 341, 342, 323, 307, 504, 506 and 379/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and his uncle causing injury.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against any of the petitioner except petitioner no.3 against him there is allegation that he has assaulted to the informant but the injury to the informant is simple in nature.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the injury on the person of the informant

Patna High Court Cr.Misc. No.25633 of 2018 (3) dt.28-06-2018 2/2 and his uncle is simple in nature, however, he has prayed that there is general and omnibus allegation of assault to the uncle. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chaprain connection with Chapra Muffasil P.S.Case no.75 of 2018 , subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T