Mochan Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71799 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- BHAPTIAHI District- Supaul ======================================================
1. Mochan Sharma, Son of Yogendra Sharma,
2. Binod Sharma, Son of Late Bhutai Sharma, Both are resident of Village- Bishunpur, Ward No. 06, Police Station- Bhaptiyahi, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-12-2018 The petitioners seek bail in connection with Bhaptiyahi P.S.Case No. 82 of 2018 registered under Sections 147, 148, 149, 302, 307, 324, 325, 341, 447 and 504 of the Indian penal Code.
Allegation against the petitioner is that he along with other accused persons variously armed with, making an unlawful assembly ploughed the land of the informant and assaulted the informant and his family members due to which five persons received injuries. Later on, one of them died and Section 302 was also added in the FIR.
Submission of learned counsel for the petitioner is that FIR itself shows that 28 persons are named in the FIR but nothing has been attributed against the petitioners and they in
Patna High Court Cr.Misc. No.71799 of 2018(2) dt.07-12-2018 2/2 custody for three months and charge sheet has been submitted against the petitioners.
Heard learned APP as well as learned counsel for the informant who have opposed the prayer for bail stating that the petitioner including other accused persons having formed an unlawful assembly assaulted five persons.
Having heard both sides and in the facts and circumstances, as stated above, let the petitioners, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Supaul in connection with Baptiyahi P.S. Case No. 82 of 2018 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.
Learned counsel for the petitioners is directed to make necessary correction in para-1 of the petition. (Vinod Kumar Sinha, J) sujit/- U T