Sonelal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65244 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

SONELAL SHARMA Son of Ram Babu Sharma Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 2.

Jitendra Kumar Son of Sarvendra Kumar Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur.

3.

Salehan Pushp Nirvikar @ Nandlal Son of Badri Mahto Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 4.

Jawahar Lal Mahto Son of Badri Mahto Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur.

5.

Shailendra Kumar @ Shailendra Kumar Niraj Son of Badri Mahto Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 6.

Sarvendra Kumar Son of Badri Mahto Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur.

7.

Raj Kishore Bhagat Son of Late Khayali Bhagat Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 8.

Motilal Bhagat Son of Late Chalitar Bhagat Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 9.

Ajeet Kumar @ Ajit Kumar Son of Motilal Bhagat Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 10.

Sakindra Bhagat @ Sikindra Bhagat Son of Lal Babu Bhagat Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. 11.

Jai Ganesh Bhagat Son of Mahadeo Bhagat Resident of Village - Koriganwa, P.S.- Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

A supplementary affidavit has been filed across the

Patna High Court CR. MISC. No.65244 of 2021(2) dt.18-05-2022 2/3 board.

Let it be taken on record.

A request has been made to give a priority hearing to this petition as the Shradh ceremony of the mother of petitioner nos. 3 to 6 is to be held on 22.05.2022.

The learned counsel for the petitioners seeks correction in the name of petitioner no. 3.

Let the name of petitioner no. 3 be read as Salehar Pushp Nirvikar @ Nandlal which has wrongly been typed in the petition as Salehan Pushp Nirvikar @ Nandlal. The petitioners seek bail in anticipation of their arrest in connection with Baruraj P.S. Case No. 96/2020 instituted for the offences under Sections 341, 323, 504, 506, 307, 354, 379 and 34 of the Indian Penal Code.

The specific act of assault has been attributed to petitioner no. 1 but that has resulted in only simple injuries on the person of the victim. The petitioner no. 1 is said to have used a farsa but the injury is reported to have been caused by hard and blunt substance. Apart from this, it has been submitted that petitioner nos. 2 to 11 have not been alleged to have committed any overt act in the occurrence. There is a counter version of the occurrence also lodged by petitioner no. 1 against the informant

Patna High Court CR. MISC. No.65244 of 2021(2) dt.18-05-2022 3/3 of the present case.

Considering the afore-noted circumstances and taking into account the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Baruraj P.S. Case No. 96/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T