Brihaspati Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59306 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

Brihaspati Sharma, Son of Baljeet Sharma Resident of Village - Rampur Adi, P.S.- Bhargama, District - Araria.

2.

Ashok Sharma Son of Brihaspati Sharma Resident of Village - Rampur Adi, P.S.- Bhargama, District - Araria.

3.

Binod Sharma Son of Brihaspati Sharma Resident of Village - Rampur Adi, P.S.- Bhargama, District - Araria.

4.

Manoj Sharma, Son of Brihaspati Sharma Resident of Village - Rampur Adi, P.S.- Bhargama, District - Araria.

5.

Pappu Sharma Son of Gulo Sharma Resident of Village - Kushmoul, P.S.- Bhargama, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bhargama P.S. Case no. 153 of 2019 (G.R. No. 2219 of 2019), registered under Sections 341, 323, 325, 354(B), 379, 506 and 504/34 of the Indian Penal Code. The accusation is that on 18.06.2019, informant Manoj Chopal was at his Machan, at that time, petitioner No.1 Brihaspati Sharma and some other having iron rod and other weapons in their hand came and, all of sudden, gave iron rod

Patna High Court CR. MISC. No.59306 of 2019(2) dt.20-09-2019 2/3 blow causing blood oozing injury at the head and mouth of informant. In the meantime, Ashok Sharma (Petitioner No.2) gave iron rod blow at his wife Ramawati Devi. When Gaurav Kumar and Saurav Kumar, sons of informant, came there then they were also assaulted by Binod Sharma (Petitioner No.3). At that time, Binod Sharma also torn the clothes of wife of informant and took away cash of Rs. 5000/- and mobile from the wife of informant.

Learned counsel for the petitioners submits that the occurrence of Marpit took place due to some dispute in which petitioners side also sustained injury regarding which Bhargama P.S. Case No. 154 of 2018, under Sections 341, 323 and 504/34 of the Indian Penal Code was instituted by the petitioner No.1 against the informant and others. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No.

Patna High Court CR. MISC. No.59306 of 2019(2) dt.20-09-2019 3/3 153 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T