Umesh Sharma @ Amresh Sharma @ Umresh Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14398 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -PANAPUR District- SARAN ======================================================
1. Umesh Sharma @ Amresh Sharma @ Umresh Sharma son of Late Dhup Narayan Sharma
2. Bhagirath Sharma son of late Dhup Narayan Sharma
3. Ravi Kumar Sharma @ Ravi Sharma S/o Amresh Sharma
4. Vishkarma Sharma son of Amresh Sharma
5. Sri Ram Sharma son of Amresh Sharma
6. Bullet Kumar @ Bullet Sharma son of Amresh Sharma All r/o Vill. - Dhenuki Bazar, P.S. - Panapur, Distt. - Saran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Panapur P.S. Case No. 17 of 2017 for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307 and 504 of the I.P.C. The learned counsel for the petitioners submits that as per the FIR. specific allegation is against petitioner no.4, namely, Vishkarma Sharma who have assaulted with iron rod on the head of the informant twice and when Pankaj Kumar came for rescue Sri Ram Sharma, petitioner no.5, assaulted with farsa on the head of Pankaj Kumar. Against rest of the petitioners there is no
Patna High Court Cr.Misc. No.14398 of 2017 (2) dt.19-05-2017 2/2 specific allegation rather allegations are omnibus and general in nature. It is submitted that there is case and counter case, there was free fight between the parties and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners by submitting that against petitioner nos. 4 and 5 there is specific allegation and corresponding injuries have been found though simple in nature.
In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to petitioner nos. 4 and 5, namely, Vishkarma Sharma and Sri Ram Sharma and accordingly their such prayer stands rejected. However, considering the allegation against rest of the petitioners, they, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. A.C.J.M. Saran, Chapra in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T