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Patna High CourtCR. MISC./49802/2017allowed

Rajesh Kumar Sharma And ORS v. The State Of Bihar

2017-12-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49802 of 2017 Arising Out of PS. Case No.-39 Year-2017 Thana- ALAMNAGAR District- Madhepura ======================================================

1. Rajesh Kumar Sharma, Son of Late Surya Narayan Sharma,

2. Amar Kumar Sharma, Son of Late Surya Narayan Sharma,

3. Sunil Sharma, Son of Laxman Mandal,

4. Anil Sharma, Son of Laxman Mandal,

5. Dhaturi Mandal alias Dhaturi Sharma, Son of Jaylal Mandal,

6. Prakash Sharma, Son of Jaylal Mandal, All residents of VillageKishanpur Ratwara, P.S.- Alam Nagar (Ratwara O.P.), DistrictMadhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. SRI YOGENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Alam Nagar (Ratwara O.P.) P.S. Case No. 39 of 2017 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

At the outset, learned counsel for the petitioners seeks permission to withdraw the application with regard to petitioner no. 3, Sunil Sharma.

Permission is granted.

The application, thus, stands dismissed as withdrawn as against petitioner no. 3.

Patna High Court Cr.Misc. No.49802 of 2017(5) dt.19-12-2017 2/2 As regards rest of the petitioners, learned counsel submits that petitioners have been falsely implicated in this case due to admitted land dispute and previous enmity. There is case and counter case between the parties. Nothing specific has been alleged against these petitioners. Moreover, the injuries sustained have been found to be simple in nature. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner nos. 1, 2, 4, 5 and 6, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Alam Nagar (RatwaraO.P.) P.S. Case No. 39 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T