Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58304 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Shankar Sharma, aged about 34 years, male.

2.

Pappu Sharma, aged about 29 years, male.

Both Sons of Late Lal Supari Sharma.

Both resident of Village-Ram Chandrapur, Police Station- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Prakash Sharma, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Bibhutipur P.S. Case No. 75 of 2019 registered for the offence punishable under Section 147/148/307/323/325/504 of the Indian Penal Code.

Allegation against the petitioners is that the petitioners assaulted the informant and his son by means of 'Khanti'.

Patna High Court CR. MISC. No.58304 of 2019(3) dt.20-11-2019 2/3 Learned counsel for the petitioners submits that both the parties are co-sharers and agnates and there is land dispute in between them. Learned counsel further submits that scuffle between the parties had arisen due to the fact that petitioners were constructing a house upon their vacant land, which was being objected by the side of the informant. Learned counsel submits that injuries caused to the informant and his son have been found on the non- vital part of the body and fracture injury on hands have been found by the doctor.

Having heard learned counsel for the parties and taking into consideration the fact that both the parties are cosharers and agnates, there appears to be land dispute between them and the injuries caused to the informant and his son are not on the vital parts of the body, I am inclined to grant the privilege of anticipatory bail to the petitioners.

Let the petitioners, Shankar Sharma and Pappu Sharma in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri L.N. Tripathi, learned J.M. Ist Class, Rosera, District - Samastipur in

Patna High Court CR. MISC. No.58304 of 2019(3) dt.20-11-2019 3/3 connection with Bibhutipur P.S. Case No. 75 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) praful/- U T