Arun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56675 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Arun Sharma, S/o Late Laxmi Sharma, R/o Village- Ibrahimpur Bajitpur Sudarshan, P.S.- Desari, O.P.- Sahdei, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 08-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Desari P.S. Case No.157 of 2017 registered under Sections 341, 323, 324, 307, 379, 504, 506, 147 and 148 of the Indian Penal Code. The accusation is that 10 ft. x 15 ft. land was given by the informant to Anil Sharma but, later on, Anil Sharma intended to grab the aforesaid land regarding which the nephew of the informant filed a case. Due to that reason, on 25.04.2017 at about 08.00 A.M., Anil Sharma alongwith five other accused, named in the F.I.R., including the petitioner surrounded the informant and started to abuse. Thereafter, Anil Sharma gave Garasa blow at the head of the informant causing blood oozing injury. When the informant fell down on the ground, this

Patna High Court Cr.Misc. No.56675 of 2017 (2) dt.08-12-2017 2/2 petitioner caused injury through lathi at the back and waist of the informant. At that time, Pappu Sharma took Rs.7600/- of the informant and Munshi Sharma pointed pistol at the face of the informant saying to kill him if the case is lodged by him.

Learned counsel for the petitioner submits that the specific allegation to cause injury at the informant through Garasa on his head is against Anil Sharma whereas the allegation against this petitioner is to cause injury at the back and waist of the informant through lathi. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Desari P.S. Case No.157 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T