Maheshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1038 of 2022 Arising Out of PS. Case No.-289 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Maheshwar Sharma Son Of Late Jageshwar Sharma Resident Of VillageBhagbanchak, Police Station- Gangour, District- Khagaria 2.

Rajendra Sharma Son Of Maheshwar Sharma Resident Of VillageBhagbanchak, Police Station- Gangour, District- Khagaria 3.

Bholi Sharma @ Bhola Sharma Son Of Maheshwar Sharma Resident Of Village- Bhagbanchak, Police Station- Gangour, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 323, 341, 385, 504, 506 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons and 15-20 unknown including petitioners demanded one lakh rupees as extortion to the informant and when the informant raised objection, they assaulted

Patna High Court CR. MISC. No.1038 of 2022(2) dt.26-07-2022 2/3 him and fired in the air.

It is submitted by learned counsel for the petitioners that at earlier point of time, Khagaria(Gangour) P.S. Case No. 181 of 2021 was filed against the informant and his relatives in which son of petitioner No. 1 was a witness. Hence, in order to put pressure upon the petitioners, this false case has been registered against them. There is general and omnibus allegation against the petitioners. There is counter version of the occurrence also and petitioners' side also received injuries. There is no accusation of repeating the blow.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.1038 of 2022(2) dt.26-07-2022 3/3 Khagaria in connection with Khagaria (Gangour) P.S. Case No. 289 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T