Musafir Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53379 of 2017 Arising Out of P.S.Case No. -69 Year- 2017 Thana -DUMRAUN District- BUXAR ======================================================
1. Musafir Sharma S/o Late Jagmohan Sharma
2. Raju Sharma @ Rajeev Sharma S/o Musafir Sharma Both are residents of Village - Akalupur, P.S. Dumraon, District - Buxar.
3. Prem Kumar Singh S/o Rambilash Rai Resident of Village - Ahirbarn Ka Dera, P.S. - Krishnabrahm, District - Buxar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Arun Kumar Gupta, Advocate For the Opposite Party : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 10-11-2017 Heard.
2. The petitioners apprehend arrest in connection with Dumraon P.S.Case No.69 of 2017 registered for an offence punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 379 and 504 of the IPC.
3. The allegation as per written report is that altogether nine FIR named accused and 7-8 unknown armed with deadly weapon went over the land of the informant over which a partially constructed house was standing. The accused persons assaulted the informant and his family members. The allegation of causing grievous injury is against Shailesh Singh who caused injury on the head of the father of the informant. The said Shailesh Singh is not petitioner before this Court. The allegation against these petitioners appears omnibus. The FIR has also been lodged by the
Patna High Court Cr.Misc. No.53379 of 2017 (2) dt.10-11-2017 2/2 wife of one of the co-accused vide Dumraon P.S.Case No.69 of 2017 for the offence under Sections 307, 379 IPC and other ancillary Sections of the IPC. On the report of both the cases, it appears that the wife of petitioner no.1 Musafir Sharma had purchased land. The informant of this case and his family members started causing trouble and, therefore, the wife of petitioner no.1 sold the land to the family of Shailesh Singh. On account of execution of sale deed with respect to disputed land, the occurrence of assault took place between the parties. The injuries allegedly caused were found simple in nature and both the parties are on litigating term since long.
4. The learned APP opposed the submissions.
5. Considering the omnibus allegation of assault by these petitioners and also on going land dispute between the parties, prayer for anticipatory bail is allowed. Let the above named petitioners the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Buxar in connection with Dumraon P.S.Case No.69 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Sanjay Kumar, J) B.Kr./- U T