Naulesh Sharma @ Navlesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38982 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -PARAIYA District- GAYA ======================================================
1. Naulesh Sharma @ Navlesh Kumar
2. Jhaman Sharma @ Jhuman Sharma Both S/o Sri Ramesh Singh Resident of Village Dhansira, P.S. Paraiya, District Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 379, 506 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that the accused persons confined the uncle of the informant on the point of pistol, when the informant went to rescue, then he was also dragged by wrapping napkin around his neck and being assaulted with the butt of the pistol. Petitioner no. 1
Patna High Court Cr.Misc. No.38982 of 2015 (2) dt.01-10-2015 resorted to fire. It is alleged that the petitioner no. 2 snatched gold chain from the mother of the informant. Thereafter accused persons escaped from the scene. It is submitted by the learned counsel for the petitioners that father of the petitioners lodged Paraiya P.S. Case No. 21 of 2015 against the informant at earlier point of time and thereafter the present case has been lodged. Statement has been made in para-12 of the petition that no one has received any injury. Moreover, the witnesses have not supported the accusation of snatching of gold chain. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. It is further submitted that the petitioners used to work in private firm in Haryana. For the occurrence of 05.05.2015 at 11.30 A.M. the First Information Report was registered on 06.06.2015 at 6.00 P.M. which came to the court of Judicial Magistrate on 11.05.2015 which suggests that by ante-dating First Information Report has been registered.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Gaya in connection with Paraiya P.S. Case No. 35 of 2015, subject to
Patna High Court Cr.Misc. No.38982 of 2015 (2) dt.01-10-2015 conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T