Patna High CourtCR. MISC./6473/2015dismissed

Binay Sharma And ORS. v. The State Of Bihar

2015-02-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6473 of 2015 Arising Out of PS.Case No. -32 Year- 2014 Thana -PAUTHU District- AURANGABAD ======================================================

1. Binay Sharma son of Suryadeo Sharma

2. Ajay Sharma

3. Ashok Sharma

4. Vijay Sharma All sons of Uttam Sharma

5. Raushan Sharma@Harinarayan Sharma Son of Vinod Sharma

6. Vinod Sharma son of late Pundeo Sharma

7. Kundan Sharma son of Vijay Sharma

8. Uttam Sharma son of Briksh deo Sharma

9. Shunderdeo Sharma son Shivdani Sharma all resident of village- Siwa, Police Station- -Pauthu, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-02-2015 Heard both sides.

The petitioners apprehend their arrest in Pauthu P.S. Case No. 32 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named the petitioners and alleged that they all made indiscriminate firing only to dispossess the informant from the land.

It is submitted that Pauthu P.S. Case No. 33 of 2014 is registered from the side of the petitioners. The petitioners have purchased the land and the informant side wants to dispossess the

Patna High Court Cr.Misc. No.6473 of 2015 (2) dt.18-02-2015 2/2 petitioners from the aforesaid land.

It appears from perusal of the records that there is case and counter case. From both the sides indiscriminate firing was made although nobody was injured as the empty cartridges were found on the place of occurrence.

Considering the facts aforesaid I do not find the case fit for grant of anticipatory bail. Accordingly, the same is rejected. However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T