Mani Bhushan Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70836 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- CHHAURADANO District- East Champaran ======================================================

1. Mani Bhushan Sharma, Son of Jawahar Lal Sharma,

2. Jawahar Lal Sharma, Son of Late Rekha Sharma, Both residents of Village- Janta Chauk Bhelwa, P.S.- Chhauradano, DistrictEast 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. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307 and 379/34 of the Indian Penal Code. It is alleged that on the order of petitioner no.2, Jawahar Lal Sharma, petitioner no. 1, Mani Bhushan Sharma assaulted the informant with 'Rukhani'. When the son of the informant, Shashi Kumar Sharma, came to rescue him, then he was assaulted by petitioner no.2, Jawahar Lal Sharma with

Patna High Court Cr.Misc. No.70836 of 2018(2) dt.18-12-2018 2/3 Basula (Carpenter's equipment) and when the lady members, Prabhawati Devi and Shila Devi came to rescue, then the accused persons dragged them by their legs and and snatched a gold chain worth Rs.30,000/-.

It is submitted by learned counsel for the petitioners that no injury was caused to the informant. However, one injury of the son of the informant has been found to be grievous. Considering the fact that petitioner no.2, Jawahar Lal Sharma assaulted the son of the informant with Basula and the said injury has been found grievous, this Court is not inclined to grant anticipatory bail to petitioner no. 2.

Let the learned Court below consider the prayer for regular bail of petitioner no. 2,Jawahar Lal Sharma. Considering the fact that petitioner no. 1, Mani Bhushan Sharma alleged to have assaulted the informant with rukhani but it appears that no injury has been caused to the informant, let the above named petitioner no. 1 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Raxaul, East

Patna High Court Cr.Misc. No.70836 of 2018(2) dt.18-12-2018 3/3 Champaran at Motihari in connection with Chhauradano P.S. Case No. 183 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T