Vidyanand Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.14849 of 2015 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14849 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Vidyanand Sharma Son of Late Akhileshwar Sharma, resident of villageBhaikh, P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Makhdumpur P.S. Case No. 48 of 2015 registered for the offences punishable under Sections 25(1-b) A, 26 of the Arms Act. One country made katta and seven live cartridges were recovered from the house of the petitioner. The contention on behalf of the petitioner is that according to prosecution case itself, the aforesaid recovery was made from the house of the petitioner when all the family members of the petitioner had gone to hospital to look after the brother of the petitioner. It is further contended by him that as a matter of fact, one day prior to institution of the present case, one

Patna High Court Cr.Misc. No.14849 of 2015 (2) dt.09-04-2015 Devendra Sharma and others assaulted the brother of the petitioner and others for which Makhdumpur P.S. Case No. 45 of 2015 was lodged. It is further contended by him that at the time of institution of Makhdumpur P.S. Case No. 45 of 2015, some hot exchange of words took place between family members of the petitioner and local police official as a result thereof, the present case was lodged by the informant and apart from the present case, one Makhdumpur P.S. Case No. 47 of 2015 was also lodged.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Makhdumpur P.S. Case No. 48 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.