Aanand Prakash And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4526 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -SONEPUR District- SARAN ======================================================
1. Aanand Prakash, Son of Ram Naresh Sharma
2. Mukesh Sharma, Son of Late Parshuram Sharma
3. Dipak Sharma, Son of Late Chandra Shekhar Sharma
4. Pawan Sharma, Son of Mahesh Sharma All above Resident of VillageSabalpur Babhan Toli, Police Station- Sonepur, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sonepur P.S. Case No.183 of 2016 registered under Sections 147,148, 149, 341, 323, 324, 379, 447, 307of the Indian Penal Code and 27 of the Arms Act.
The accusation is that on 23.05.2016 while petitioner no.3, Dipak Sharma was moving through the door of the informant on Scarpio by plying vulgar C.D., the informant made protest. Upon which nine persons named in the F.I.R including the petitioners variously armed with deadly weapons came at the door
Patna High Court Cr.Misc. No.4526 of 2017 (2) dt.16-03-2017 2/3 of the informant and started to abuse and also indiscriminate firing in course of which the father of the informant Shiv Shankar Sharma sustained injury on his ear, Vishal Kumar also sustained firearm injury on his head. Further accusation is that the accused Pragya Kumari and Ekta Kumari entered in the house of the informant and Prgya Kumari snatched the chain of the wife of the informant and Ekta Kumari took away ladies purse containing Rs.2000/- and golden chain.
Learned counsel for the petitioners submits that , in fact, the occurrence of mar pit took place due to grudge of the election in which Shiv Shankar Sharma and Vishal Kumar sustained injuries and the injuries are simple in nature. It is further submitted that similarly four persons also sustained injuries from the petitioners' side for which Sonepur P.S. Case No.181/16 was instituted against the informant and others of the present case for the offence under Sections 147, 148, 149, 341, 323, 324, 447 and 307 of the I.P.C. on the fard-e- beyanof co-accused Ram Naresh Sharma who happens to be the father of the petitioner no.1. Having regard to the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the court below within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- (ten
Patna High Court Cr.Misc. No.4526 of 2017 (2) dt.16-03-2017 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.1st, Saran at Chhapra, in connection with Sonepur P.S. Case No.183/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U T