Ramanuj Sharma @ Ramanuj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13849 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Ramanuj Sharma @ Ramanuj Singh S/o Late Bhuneshwar Sharma 2.
Amit Kumar @ Amit Sharma S/o Surendra Sharma 3.
Shivendu Sharma @ Shivendra Sharma S/o Ramanuj Sharma @ Ramanuj Singh 4.
Shivam Kumar S/o Satendra Sharma, 5.
Satendra Sharma S/o Ramanuj Sharma @ Ramanuj Singh 6.
Surendra Sharma S/o Ramanuj Sharma @ Ramanuj Singh 7.
Sanjay Sharma S/o Ramanuj Sharma @ Ramanuj Singh 8.
Rishikesh Kumar S/o Satendra Sharma All resident of Village- Niyazipur, P.S.- Chandauti, District- Gaya 9.
Manish Kumar S/o Manoj Singh @ Manoj Kumar, resident of Village- Bira, P.S.- Hulashganj, District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Vinod Kumar, learned counsel appearing on behalf of the petitioners and Mr. Shyameshwar Dayal, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Chandauti P.S.Case No.353/23 registered for the offences punishable under Sections 341, 323, 308, 325, 504, and 506/34 of the Indian Penal Code .
3. As per the allegation made in the FIR, the
Patna High Court CR. MISC. No.13849 of 2024(2) dt.12-03-2024 2/3 petitioners along with other accused persons had assaulted the informant side. Specific allegation of assault is against Shivendra Sharma (petitioner no.3).
4. Learned counsel appearing on behalf of the petitioners submitted that there was land dispute between the parties due to which both the parties engaged in fierce fight. Petitioner no.3 may have caused injury on the leg of the victim without any intention.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, the allegation made in the FIR, specific allegation is against petitioner no.3 of having assaulted on the left leg of the victim causing fracture while general and omnibus allegation has been alleged against the petitioner nos. 1 to 2 and 4 to 9, both the parties engaged in fierce fight due to land dispute and in the same course of incident, in their selfdefene, the petitioners may have caused injury to the informant side, the petitioners are directed to be released on pre-arrest 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
Patna High Court CR. MISC. No.13849 of 2024(2) dt.12-03-2024 3/3 of the like amount each to the satisfaction of learned CJM, Gaya/concerned court, in connection with Chandauti P.S.Case No.353 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U