Patna High CourtCR. MISC./75271/2018dismissed

Raj Kumar Sharma And ORS v. The State Of Bihar

2019-01-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75271 of 2018 Arising Out of PS. Case No.-220 Year-2018 Thana- MADHAURAH District- Saran ======================================================

1. Raj Kumar Sharma

2. Rabindra Sharma Both are sons of Late Dhupa Sharma.

3. Nityanand Sharma son of Sri Rabindra Sharma. All are Resident of Village- Siswa, Rasulpur, P.S. Marhaura, District- Saran at Chapra.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Udai Shankar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 324, 325, 307, 379 and 506 of the Indian Penal Code registered in connection with Marhaura P.S. Case No. 220 of 2018.

3. It is submitted that the petitioners have been falsely implicated and in any event, accusation of assault is only against the petitioner nos. 1 and 3. There is case and counter case between the parties in connection with land dispute. The petitioners' side has also received injuries as a result of which Nand Kishore Sharma had also died. The petitioners claim clean antecedents.

4. Learned APP opposes the anticipatory bail petition. It appears from the first informant report that petitioner no. 2 Rabindra Sharma caught hold of the informant and in ensuing scuffle, the petitioner no. 1 Raj Kumar Sharma is said to have assaulted the informant with knife on his back and the petitioner no. 3 Nityanand Sharma also assaulted the informant on his head with Farsa. The

Patna High Court Cr.Misc. No.75271 of 2018(3) dt.22-01-2019 2/2 injury reports available in the case diary corroborate the accusation of assault on the informant who is said to have received grievous injury on his head and back.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed. (Vikash Jain, J) BT/Chandran U T