Vijay Sharma @ ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18369 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -KOCH District- GAYA ======================================================

1. Vijay Sharma, S/o Ramjee Sharma.

2. Ranjay Sharma, S/o Ramjee Sharma.

3. Santosh Sharma @ Santosh Kumar, S/o Ramjee Sharma.

4. Balendra Sharma, S/o late Lakhan Sharma.

5. Pawan Kumar, S/o Balendra Sharma.

6. Krishna Gopal Kumar, S/o Rabindra Sharma.

7. Krishna Kant Kumar, S/o Rabindra Sharma.

8. Girijesh Sharma @ Girjesh Sharma S/o Late Nand Kishore Sharma.

9. Satyendra Sharma S/o Late Nand Kishore Sharma. all resident of Village Konch, P.S. Kongh, Gaya.

10. Prem Ranjan Kumar S/o Mahesh Sharma, resident of village Parsawan, P.S. Konch, Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Konch P.S. Case No. 12 of 2015 registered under Sections 147, 148, 341, 323, 379, 307, 504 and 506 of the Indian Penal Code.

It is alleged that on protest being made for demolition of newly constructed drainage by running pickup van, over the

same the petitioners started to abuse. At that time, petitioner no. 1 and Girjesh Sharma gave khanti blow to the informant causing cut injury on the right ear. On raising alarm, when Bipin Kumar, maternal brother of the informant, came to save the informant then petitioner nos. 2 and 4 assaulted him through iron rod. Learned counsel for the petitioners submits that, in fact, when the defence party made protest due to demolition of newly constructed drainage occurrence took place and the informant and others also caused injury to the petitioners and others, regarding which, Konch P.S. Case No. 11 of 2015 was instituted on the basis of Fardebyan of the petitioner no. 1, Vinay Sharma.

It is further submitted that injury as found on the person of the informant is simple in nature while one injury found on the person of Bipin Kumar is fracture of central incised teeth, which is grievous in nature. Learned counsel for the petitioners further submits that in counter case the informant of the present case and others have already been allowed anticipatory bail by a Bench of this Court vide order dated 11.05.2015 passed in Criminal Misc. No. 14082 of 2015.

Considering the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period

of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case No. 12 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T