Chhoti Sharma @ Chhotelal Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29632 of 2018 Arising Out of PS.Case No. -494 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Chhoti Sharma @ Chhotelal Sharma,
2. Panchu Sharma Both Sons of Dhuran Sharma @ Ghuran Sharma,
3. Pulen Sharma S/o Radhe Sharma, All (three) Petitioners R/o Vill.- Bandha Tola, Pastpar, P.S.- Sour Bazar, (Police Shivir, Pastpar), DistrictSaharsa.
4. Pramod Sharma S/o Thekan Sharma, R/o Vill.- Bandha, P.S.- Murliganj, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in connection with Sour Bazar (Police Shivir- Pastpar) P.S. Case No.494 of 2017 registered for the offences under Sections 341, 323, 325, 307, 504, 506/34 of I.P.C.
Accusation is that eight persons named in the F.I.R. including the petitioners started to put thatched hut on the land regarding which dispute was going on from before. Then the
Patna High Court Cr.Misc. No.29632 of 2018 (2) dt.14-05-2018 2/3 informant,Bilash Mehta, made protest whereupon petitioners no.1 and 2, Chhoti Sharma and Panchu Sharma having iron rod and khanti in their hand caused fracture injury on his right hand. Then his nephew, Subhash Mehta and Rattan Mehta rushed to save him both were also assaulted.His wife was also assaulted by Promod Sharma. When his neighbor Budhani Devi came to save him she was also assaulted.
Learned counsel appearing on behalf of the petitioners submits that, in fact, occurrence of mar pit took place in which Chhoti Sharma @ Chhotelal Sharma, Sachan Sharma @ Sachen Sharma, Ganga Devi (mother of accused Pramod Sharma) received injuries grievous in nature and nine others also sustained injuries simple in nature regarding which Saur Bazar P.S.Case No.495 of 2017 was instituted under Sections 341, 323, 324, 379, 354, 307, 435, 504, 506/34 of the I.P.C. and Section 3(i)(r)(u) of SC/ST Act against the informant of the present case and 14 others. Having considered the facts and the circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.29632 of 2018 (2) dt.14-05-2018 3/3 C.J.M., Saharsa, in Sour Bazar (Police Shivir-Pastpar) P.S. Case No.494 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Rajendra Kumar Mishra, J) AnilKrSinha/- U