Mahesh Sharma v. The State Of Bihar
Patna High Court Cr.Misc. No.20315 of 2016 (3) dt.26-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20315 of 2016 Arising Out of PS.Case No. -331 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Mahesh Sharma Son of Santosh Sharma, resident of villageAttaullahpur, P.S.- Lalganj, District- Vaishali .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Sharda Kumasri (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3.
26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in relation to Lalganj P.S. Case No. 331 of 2015 registered under Sections 147, 148, 149, 341, 342, 323, 324, 326, 353, 307, 448, 436, 380, 302, 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of Explosive Substance Act.
It appears that upon a lady being killed in accident there was some agitation and police party came. There was brick batting between the people. Police resorted to by Lathi and firing in which one person was killed. In retaliation, people agitated on police personnel, as a result whereof one of them had died. This laid to the
Patna High Court Cr.Misc. No.20315 of 2016 (3) dt.26-05-2016 institution of First Information Report, in which police has named several persons.
Considering the facts and circumstances, it cannot be said that there was any intentional attack on police, rather it was a fight between two groups. Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Mahesh Sharma, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hajipur, in connection with Lalganj P.S. Case No. 331 of 2015, subject to conditions laid down under Section 438
(2) of the Code of Criminal Procedure.
(Navaniti Prasad Singh, J.) Rajeev/- U T