Murari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85893 of 2019 Arising Out of PS. Case No.-395 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

MURARI SHARMA Son of Late Satydev Sharma R/O - Fatehpur Ward No. 10, P.S.- Narpatganj, District- Araria 2.

Sudarshan Sharma @ Tuntun Sharma Son of Late Satydev Sharma R/O - Fatehpur Ward No. 10, P.S.- Narpatganj, District- Araria 3.

Chandan Sharma @ Chandan Kumar Sharma Son of Late Satydev Sharma R/O - Fatehpur Ward No. 10, P.S.- Narpatganj, District- Araria 4.

Santosh Sharma @ Santosh Kumar Sharma Son of Late Satydev Sharma R/O - Fatehpur Ward No. 10, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-10-2020 Heard Mr. Shailendra Kumar Singh, learned counsel for the petitioners and Ms. Rita Verma, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Narpatganj P. S. Case No. 395 of 2019 dated 06.07.2019 instituted for the offences under Sections 341, 323, 504, 379 and 34 of the Indian Penal Code.

It has been submitted on behalf of the

Patna High Court CR. MISC. No.85893 of 2019(5) dt.06-10-2020 2/3 petitioners that they are the agnates and according to the F.I.R. itself, because of an old enmity an occurrence took place in which three persons including the informant were injured. The informant is stated to have been grievously injured.

The learned counsel for the petitioners submits that an absolutely false allegation has been levelled against the petitioners. In fact all the sections except Section 379 are bailable.

The injury report has been obtained by the informant from Nepal, on which no prima facie reliance can be placed.

Considering the nature of accusation against the petitioners, the circumstances under which the occurrence is said to have taken place and the fact that the petitioners are the agnates of the informant, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt /

Patna High Court CR. MISC. No.85893 of 2019(5) dt.06-10-2020 3/3 production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P. S. Case No. 395 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U T