Madheshwar Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37038 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Madheshwar Sharma, S/o Late Rajkeshwar Sharma

2. Bijendra Sharma @ Vijan, S/o Late Rajkeshwar Sharma

3. Neeraj Kumar, S/o Madheshwar Sharma All are residents of village : - Nathkharsa, P.S. - Mahendia, Distt : - Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Mahendia P.S. Case No. 30 of 2016, disclosing offences under Sections 341, 323, 307, 504, 354 and 379/34 of the Indian Penal Code.

The petitioners went to the house of the informant and referring to some dispute, they assaulted him with lathi, danda and axe on the sons of the informant. They are also said to have assaulted the wife of the informant with slaps and fists and snatched ear-ring from the informant's wife.

Learned counsel appearing on behalf of the petitioners has submitted that injuries have been found to be simple in nature and the First Information Report has been lodged because of some

Patna High Court Cr.Misc. No.37038 of 2016 (2) dt.19-09-2016 2/2 dispute between the informant's side and the petitioners' side, which is civil in nature. He has also submitted that the petitioners have no criminal antecedent and there is no chance of their fleeing from the course of investigation or trial.

Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail 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, Arwal in connection with Mahendia P.S. Case No. 30 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T