Sri Bhagwan Sharma @ Bhagwan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82843 of 2023 Arising Out of PS. Case No.-213 Year-2023 Thana- PANAPUR District- Saran ====================================================== 1.
SRI BHAGWAN SHARMA @ BHAGWAN SHARMA SON OF LATE HIRA LAL SHARMA R/O VILLAGE- SATJORA, P.S.- PANAPUR, DISTRICT- SARAN 2.
MOHAN SHARMA SON OF SRI BHAGWAN SHARMA R/O VILLAGESATJORA, P.S.- PANAPUR, DISTRICT- SARAN 3.
SONI KUMARI D/O SRI BHAGWAN SHARMA R/O VILLAGESATJORA, P.S.- PANAPUR, DISTRICT- SARAN 4.
RAMITA DEVI W/O SRI BHAGWAN SHARMA R/O VILLAGESATJORA, P.S.- PANAPUR, DISTRICT- SARAN 5.
RAJ KISHORE SHARMA SON OF LATE HIRA LAL SHARMA R/O VILLAGE- SATJORA, P.S.- PANAPUR, DISTRICT- SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2024 At the outset, learned counsel for the petitioner Nos. 1 and 5 seeks permission to withdraw the pre-arrest bail petition.
2. This bail petition of the petitioner Nos. 1 and 5 is dismissed as withdrawn.
3 . Heard learned counsel for the petitioner Nos. 2, 3 and 4 and the State.
4. Petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.82843 of 2023(2) dt.18-01-2024 2/3 registered for the offence punishable under sections 341 , 323 , 324, 307, 504, 379, 506 and 34 of the Indian Penal Code.
5 . The allegation against these petitioners is that they along with other co-accused persons armed with sword, farsa, chapar, and iron rod, abused and assaulted the informant as well as his own brother, due to which both of them sustained head injuries.
6. It is submitted on behalf of the petitioners that specific allegation of assault is against other co-accused persons. So far as these petitioners are concerned, allegation of abuse and assault against them is general and omnibus. Petitioners claim clean antecedent.
7. Learned counsel for the State oppose the bail petition.
8 . Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner nos. 2, 3 and 4 , as named above, be enlarged on bail on furnishing bail bond of rs.10,000/-(ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.82843 of 2023(2) dt.18-01-2024 3/3 like amount each to the satisfaction of the learned ACJM - VIth Saran At Chhapra in connection with Panapur P . S. Case No. 213 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T