Niranjan Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9543 of 2015 Arising Out of PS.Case No. -476 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Niranjan Sharma son of Late Chulhai Sharma
2. Bimal Sharma son of Niranjan Sharma Both are residents of village - Pama, P.S. - Sour Bazar (Patarghat O.P.), District - Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. A. Mohan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
It is alleged that a protest being made for putting a bamboo on the land of the informant. Petitioner Bimal Sharma assaulted with iron rod on the head of the informant, whereas co-accused Sonu Kumar and Niranjan Sharma came armed with lathi and basula abused the informant and ordered to assault.
It is submitted by the learned counsel for the petitioners that there is no injury report of the informant on the
Patna High Court Cr.Misc. No.9543 of 2015 (2) dt.21-04-2015 record. Though, injury of the two sons of the informant namely Jai Kishore Sharma and Raj Kishore Sharma have been brought on record, though they are simple in nature, but there is nothing mentioned in the First Information Report that, who assaulted them in the background of land dispute. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saharsa in connection with Sour Bazar P.S. Case No. 476 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T