Patna High Court - Orders
Shrawan Sharma & Ors vs The State Of Bihar on 25 September, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50574 of 2018
Arising Out of PS.Case No. -70 Year- 2018 Thana -HALSI District- LAKHISARAI
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1. Shrawan Sharma, Son of Jugal Sharma,
2. Ghanshyam Sharma, Son of Jugal Sharma,
3. Anil Sharma, Son of Jugal Sharma.
4. Jugal Sharma, Son of Banshi Sharma,
5. Pappu Sharma, Son of Shrawan Sharma, All resident of Village -
Kaindi, P.S. - Halsi, District - Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Opposite Party/s : Mr. Sanjay Kumar
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 25-09-2018Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 324 and 147 of the Indian Penal Code.
Petitioner no. 1 Shrawan Sharma and petitioner no. 2 Ghanshyam Sharma are alleged to have caused injury at the head of the informant and his son respectively. The Doctor has found head injury.
Submission is that land dispute is reason behind the occurrence. There is case and counter case. The Doctor has found simple injury.
Considering the facts that the aforesaid two petitioners Patna High Court Cr.M isc. No.50574 of 2018 (2) dt.25-09-2018 2/2 had knowledge that their act might cause death, I am not inclined to enlarge them on anticipatory bail. Hence, their prayer for anticipatory bail is refused. They may surrender within a period of three weeks and pray for regular bail.
There is no specific allegation against petitioner no. 3 Anil Sharma, petitioner no. 4 Jugal Sharma and petitioner no. 5 Pappu Sharma, hence, let the petitioner no. 3 Anil Sharma, petitioner no. 4 Jugal Sharma and petitioner no. 5 Pappu Sharma, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Halsi Police Station Case No. 70 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 3, 4 and 5 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 3, 4 and 5.
(Birendra Kumar, J) Kundan/-
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