Navlesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27747 of 2016 Arising Out of PS.Case No. -71 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Navlesh Sharma, son of Arjun Sharma, Resident of Village- Chatar, P.SKako, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 13-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kako P.S. Case No.71 of 2016 registered under Sections 171(C)/34 of the Indian Penal Code besides Section 131 of the Representation of People Act and Section 27 of the Arms Act.

The accusation is that on 10.05.2016, after polling of election of Panchayat Mukhiya, in which the informant and the coaccused Mantu Sharma were also candidates, six persons, named in the F.I.R., including the petitioner alongwith 10 unknown persons variously armed attacked the house of the informant and starting abusing. When the informant made protest, in the leadership of this petitioner, the co-accused Mantu Sharma and other accused made

Patna High Court Cr.Misc. No.27747 of 2016 (2) dt.13-07-2016 2/2 assault and fired two shots. When the police reached, all the accused persons fled away from there.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was the supporter of the coaccused Mantu Sharma, who was also one of the candidates of the Mukhiya Election against the informant, and due to that reason, the petitioner has falsely been implicated in this case. Moreover, it would appear from the F.I.R. that no overt act has been attributed to the petitioner nor any person sustained any injury in the said incident. It is further submitted that while the petitioner is accused in four other cases but out of the aforesaid four cases, in three cases, the petitioner has already been acquitted and in one case, he is on bail. In the present case, the petitioner is in custody since 11.05.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge-IV-cum-A.C.J.M., Jehanabad, in connection with Kako P.S. Case No.71 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T