Deepak Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40051 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Deepak Sharma, son of Jaikant Sharma,

2. Chandan Kumar, son of Jaikant Sharma,

3. Rupak Kumar @ Rupak Sharma, son of Late Krishnakant Sharma, All residents of Village- Belsar, P.S.- Mehandiya, District- Arwal. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mehandiya P.S. Case No. 46 of 2017, registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. The accusation is that petitioners along with Jaikant Sharma having armed with weapons came at the door of the informant, Prem Sagar Sharma, and started to abuse him and also asked to stop the construction work of drainage. When the informant made protest then petitioner nos. 1 and 3, Deepak Sharma and Rupak Sharma, started to cause injury at the head and hand of Vikram Sharm through sward. At that time, petitioner no.

2, Chandan Sharma and petitioner no. 1, Deepak Sharma caused injury through sward and stick. In the meantime, petitioner nos. 2 and 3, Chandan Sharma and Rupak Sharma, Jaikan Sharma caused injury to Upendra Sharma through lathi and sword. After some time, 8-10 unknown also came there and caused injury to informant and others.

Learned counsel for the petitioners submits that, in fact, occurrence took place due to land dispute, in which, petitioners' side also sustained injury, regarding which, Mehandiya P.S. Case No. 45 of 2017 is also instituted on the basis of written report of petitioner no. 1, Deepak Sharma. Moreover, two injuries as found on the person of informant and Vikram Sharma, but except injury no. 1 of Vikram Sharma was not on the vital part and one injury of informant is also not of grievous in nature, while regarding the other injuries, the opinion is kept reserved.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Arwal, in connection with Mehandiya P.S. Case No. 46 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T