Subodh Sharma And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.27511 of 2016 (7) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27511 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Subodh Sharma son of Gopal Krishna Sharma

2. Shankar Sharma son of Babulal Sharma, Both are resident of Mohamadabad Manikpur, P.S. Babarganj, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Mojahidpur (Babarganj) P.S. Case No. 44 of 2016 for the offences registered under Sections 148, 149, 448, 341, 504, 328, 324 and 307 of the Indian Penal Code.

Diary in the present case was called for, which has since been received.

Learned counsel for the petitioners submits that though Section 302 of the Indian penal code was added later, but the allegation against all the persons are general and omnibus so named in the first information report. It is further submitted that there is case and counter case between the parties and the

Patna High Court Cr.Misc. No.27511 of 2016 (7) dt.16-12-2016 injuries are simple in nature. It is further submitted that there is also history of land dispute between the parties. Considering the fact that no further cogent material has come in course of investigation as has been pointed out by learned counsel for the state after perusal of the case diary and also because the petitioners have no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 44 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T