Rajendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62684 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- FALKA District- Katihar ====================================================== 1.

Rajendra Sharma S/O Late Mandal Sharma Resident of village- Fuldobhi, Ward No- 03, P.S.- Flka, District- Katihar.

2.

Parmeshwar Tatma S/O Jitan Tatma Resident of village- Fuldobhi, Ward No03, P.S.- Flka, District- Katihar. 3.

Dino Tatma @ Dinesh Tatma S/O Jibchhu Tatma Resident of villageFuldobhi, Ward No- 03, P.S.- Flka, District- Katihar. 4.

Ghoru @ Ghonu Tatma S/O Jagdish Tatma Resident of village- Fuldobhi, Ward No- 03, P.S.- Flka, District- Katihar.

5.

Badri Tatma S/O Late Jago Tatma Resident of village- Fuldobhi, Ward No03, P.S.- Flka, District- Katihar. 6.

Budhu Tatma S/O Yugo Tatma Resident of village- Fuldobhi, Ward No- 03, P.S.- Flka, District- Katihar.

7.

Jagdish Tatma S/O Bhuthai Tatma Resident of village- Fuldobhi, Ward No03, P.S.- Flka, District- Katihar. 8.

Supan Tatma S/O Jibchhu Tatma Resident of village- Fuldobhi, Ward No03, P.S.- Flka, District- Katihar. 9.

Jattu Tatma S/O Jagdish Tatma Resident of village- Fuldobhi, Ward No- 03, P.S.- Flka, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 At the outset, Counsel for the petitioners seeks permission to withdraw this anticipatory bail application with respect to Dino Tatma @ Dinesh Tatma petitioner no. 3 and Jagdish Tatma, petitioner no. 7, as during pendency of this case, petitioner nos. 3 and 7 have already been arrested.

Patna High Court CR. MISC. No.62684 of 2022(2) dt.11-04-2023 2/3 Permission is accorded. The anticipatory bail application with respect to Dino Tatma @ Dinesh Tatma petitioner no. 3 and Jagdish Tatma, petitioner no. 7 is dismissed as withdrawn having become infructuous.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner nos. 1, 2, 4, 5, 6, 8, 9 apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that on the alleged date and time of occurrence all the FIR named accused persons including petitioners entered into the house of informant and started assaulting the informant and his family members with their respective arms.

It is submitted that petitioners have been falsely implicated in this case due to land dispute between the parties. Specific accusation of assault is against other co-accused persons. So far as petitioners are concerned, there is general and omnibus allegation. It is further submitted that the doctor has found the injury sustained by the injured simple in nature. Petitioners claim clean antecedents.

Patna High Court CR. MISC. No.62684 of 2022(2) dt.11-04-2023 3/3 Considering the facts aforesaid, the petitioner nos. 1, 2, 4, 5, 6, 8, 9 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IIIrd, Katihar in connection with Falka P.S. Case No. 291 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T