Markandey Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66046 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- SITAMARHI District- Sitamarhi ======================================================
1. Markandey Sharma Son of late Ram Bilash Sharma
2. Shashi Bhushan Sharma@ Shashi Bhushan Kumar Son of Markendey Sharma Both R/o Village- Pakari, P.S. & DistrictSitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that while father of the informant was returning after worshiping in a temple, the accused persons surrounded him and started abusing. On protest, the informant's father was assaulted. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the
Patna High Court Cr.Misc. No.66046 of 2018(2) dt.22-11-2018 2/2 present case. There is case and counter case between the parties. A free-fight is alleged to have taken place. The injury on the side of the accused has not been explained by the prosecution.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 217 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T