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Patna High CourtCR. MISC./40404/2016bail granted

Parmanand Sharma And ANR v. The State Of Bihar

2016-10-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40404 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Parmanand Sharma Son of Late Jai Nath Sharma

2. Mithilesh Sharma @ Mithhu Sharma Son of Late Nand Kishore Sharma. Both resident of Village- Asha Tol, P.S. Bihpur (Bhawanipur) DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Supplementary affidavit is filed on behalf of the petitioners bringing on record criminal antecedent of the petitioners, which was left to be typed at paragraph-3 of the petition.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections-302/34 of the Indian Penal Code and under Section-27 of the Arms Act.

Petitioners are named in the first information report but the informant claims that when he reached near his father, his father disclosed that Jagdamba Sharma had shot fire on him, and,

Patna High Court Cr.Misc. No.40404 of 2016 (2) dt.04-10-2016 2/2 thereafter, the informant claims that he saw 3-4 persons fleeing from the place of occurrence. The informant admits in his written report that there was land dispute between the parties since long. Submission on behalf of the petitioners is that petitioners have been implicated in this case on account of land dispute and as a matter of fact, some unknown persons had committed murder of the deceased. The investigation against these petitioners appears to have already been completed. Accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bihpur (Bhawanipur) P.S. Case No. 121 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia, District-Bhagalpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T