Upendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69595 of 2019 Arising Out of PS. Case No.-49 Year-2017 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

UPENDAR SHARMA 2.

Yogendra Sharma Both are sons of Late Saryug Sharma 3.

Binay Kumar Sharma Son of Upendra Kumar Sharma 4.

Rahul Kumar Sharma @ Rahul Kumar Ranjan Son of Shankar Sharma 5.

Angraj Sharma @ Angress Kumar Sharma @ Angrej Sharma Son of Bhushan Sharma 6.

Vidhya Nand Sharma Son of Yogendra Sharma 7.

Shailesh Sharma Son of Lakhi Sharma 8.

Amit Kumar Sharma Son of Ramsaran Sharma All are resident of Village- Paharpur, P.S. Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2019 Heard both sides.

The petitioners apprehend their arrest in Bihpur(Bhawanipur)P.S. Case No.49 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The informant named 12 persons in the F.I.R. including eight petitioners and alleged that they all began to abuse the informant and Shankar assaulted him with iron rod on his head. Other accused persons assaulted him with lathi.

Patna High Court CR. MISC. No.69595 of 2019(2) dt.15-11-2019 2/2 Shailesh Sharma(petitioner No.7) threatened him on the point of pistol and Vidhya Nand Sharma(petitioner No.6) took out Rs.2,000/- from his pocket.

The learned counsel for the petitioners submits that on account of land dispute, the case has been lodged. Only Shankar Sharma is alleged to have assaulted with iron rod. There is no repetition of blow. One simple injury has been found on the person of the informant. Petitioners are not alleged to have even touched the body of the informant.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Naugachia in connection with Bihpur(Bhawanipur)P.S. Case No.49 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T