Pawan Kumar Sharma @ Pawan Sharma And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41614 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -MAHISI District- SAHARSA ======================================================

1. Pawan Kumar Sharma @ Pawan Sharma, son of Ram Bilash Sharma

2. Ram Bilash Sharma, son of Ram Kishun Sharma

3. Awadh Narayan Sharma @ Abadh Sharma, son of Satya Narayan Sharma

4. Bijay Sharma @ Vijay Choupal, son of Khushi Lal Sharma

5. Suresh Sharma, son of Sahdeo Sharma

6. Chhotelal Choupal @ Chhotelal Sharma, son of Dorik Sharma

7. Lakshmi Sharma, son of Makauri Sharma

8. Ramanand Sharma, son of Lal Mohar Sharma All are resident of village-Khajaraha, P.S.- Mahishi, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Pawan Kumar Sharma @ Pawan Sharma, Ram Bilash Sharma, Awadh Narayan Sharma @ Abadh Sharma, Bijay Sharma @ Vijay Choupal, Suresh Sharma, Chhotelal Choupal @ Chhotelal Sharma, Lakshmi Sharma and Ramanand Sharma apprehend their arrest in Mahishi P.S. Case No.84 of 2014 under Sections 353, 332, 341, 337, 379, 427 and 504 of the Indian Penal Code.

Patna High Court Cr.Misc. No.41614 of 2015 (2) dt.08-10-2015 It appears that the F.I.R. was lodged by one police personnel alleging that on receiving an information that in the village one person confined, the police party went there and tried to pacify the matter but 18 named accused persons with unknown 40 villagers pelted stones on the police party and tore the dress of the police.

The learned counsel submitted that no F.I.R. has been lodged by anyone, who is alleged to have been confined by the petitioners with unknown villagers. In fact the accused persons and the villagers were holding meeting against one Bechan Sharma who was running an illegal country made liquor shop. The allegation against the petitioners is omnibus. None of them were arrested at the spot.

On the other hand, the learned A.P.P. objected the prayer.

Considering the above facts and circumstances of the case and the nature of allegation I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioners on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the

Patna High Court Cr.Misc. No.41614 of 2015 (2) dt.08-10-2015 like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No.84 of 2014.

(Mungeshwar Sahoo, J) Harish/- U