Anand Sharma And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.2851 of 2015 (6) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2851 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Anand Sharma Son of Ram Ekwal Sharma

2. Mohit Sharma Son of Rakesh Sharma

3. Krishnandan Sharma Son of Late Jugesh Sharma All resident of Village - Sarhetta, P.S. - Kurtha, District - Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner apprehends his arrest in connection with Shakurabad P.S. Case No. 72 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act. Earlier case diary alongwith injury report was called for which has since been received.

Learned Sr. Counsel for the petitioners submits that protest was being made against the use of electricity by using "TOKA" and in that episode, 50-60 persons including petitioners, belonging to three villages, making a MOB, made firing. It is

Patna High Court Cr.Misc. No.2851 of 2015 (6) dt.16-10-2015 further submitted that general and vague allegation has been made that some persons fired, leading to the injury of Manoj Yadav and one Avoi Singh.

Learned counsel for the State after perusal of the case diary submits that though the injury was found on the persons so named, yet there is no further material in the case diary to indicate as to who had fired and thus, the injuries cannot particularly be attributed to these petitioners.

Considering the aforesaid submissions and also the fact that petitioners have no criminal antecedents, 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 enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jehanabad in connection with Shakurabad P.S. Case No. 72 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T