Jhameli Sharma @ Zameli Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80481 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Jhameli Sharma @ Zameli Sharma Son Of Late Kanhaiya Sharma @ Kanhai Sharma R/O Village- Kathara, Ward No.-07, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Ms. Kanika, Advocate For the Opposite Party/s :

Mr. Anish Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Arun, learned counsel appearing on behalf of the petitioner and Miss. Kanika, learned counsel appearing on behalf of the Opposite Party.

2. The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No.82 of 2023 registered under Sections 341, 323, 324, 325, 354, 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner along with other co-accused persons assaulted the informant by Pharsa on his head with an intention to kill him and in the said incident, while his son came to save him, he was also assaulted by the petitioner's side by means of lathi.

4. Ms. Kanika, learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and even

Patna High Court CR. MISC. No.80481 of 2023(2) dt.10-01-2024 2/3 according to the allegation made in the FIR, no specific allegation has been made against the petitioner, however, it has been alleged that the petitioner has snatched Rs. 1,500/- from the pocket of the informant and a silver chain from the neck of the informant's daughter.

5. Specific submission on behalf of the petitioner is that the petitioner and the informant sides are own brothers and because of a dispute relating to partition of the property, both sides indulged into fierce fight and in course of the said fight, both the parties sustained injuries but the same was not intentional and on these grounds, learned counsel seeks to enlarge the petitioner on bail.

6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

7. Having considered the rival submissions made on behalf of the parties, as well as, the fact that both the parties were indulged in fierce fight and no specific allegation has been made against the petitioner, there is general and omnibus allegation against the petitioner of snatching Rs.1,500/- and a silver chain from the neck of the daughter of the informant, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned

Patna High Court CR. MISC. No.80481 of 2023(2) dt.10-01-2024 3/3 Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate - V, Supaul in connection with Chhatapur P.S. Case No.82 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Chn/- Ashishsingh/- U