Mahesh Kumar Sharma @ Mahesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66328 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== 1.
MAHESH KUMAR SHARMA @ MAHESH SHARMA Son of Late Gauri Shankar Sharma Resident of Village - Parsauni Bhatoli, P.S.- Paharpur, District - East Champaran 2.
Vidit Kumar @ Bipin Kumar Son of Mahesh Kumar Sharma @ Mahesh Sharma Resident of Village - Parsauni Bhatoli, P.S.- Paharpur, District - East Champaran 3.
Manish Kumar @ Manish Kumar Sharma Son of Mahesh Kumar Sharma @ Mahesh Sharma Resident of Village - Parsauni Bhatoli, P.S.- Paharpur, District - East Champaran 4.
Nikhil Kumar Son of Mahesh Kumar Sharma @ Mahesh Sharma Resident of Village - Parsauni Bhatoli, P.S.- Paharpur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Paharpur P.S. Case no. 348 of 2018, registered under Sections 149, 147, 148, 341, 323, 308, 324, 379, 447, 504 and 506 of the Indian Penal Code.
The accusation is that informant Navin Kumar was present in his grocery shop situated in his house. At that time, Mahesh Sharma (Petitioner No.1) was seen alone then he asked to pay his dues amount of Rs. 450/- then he started to abuse him and called his family members Vinay Kumar, Bidit Kumar
Patna High Court CR. MISC. No.66328 of 2019(2) dt.05-11-2019 2/2 (Petitioner No.2), Manish Kumar (Petitioner No.3) and Nikhil Kumar (Petitioner No.4), who came and started to cause assault and at that time, Vinay Kumar gave Dabiya blow at his head then he fell down and Nikhil Kumar snatched gold chain from the neck of informant worth of Rs. 60,000/- and Mahesh Sharma took out Rs. 3500/- from his pocket.
Learned counsel for the petitioners submits that, while there is general allegation against the petitioners. The specific allegation to cause Dabiya blow at the head of informant is against Vinay Kumar. Further submission is that 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, East Champaran at Motihari in connection with Paharpur P.S. Case No. 348 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T