High Court Patna High Court - Orders

Surendra Sharma & Ors. vs The State Of Bihar on 17 October, 2011

Patna High Court – Orders
Surendra Sharma & Ors. vs The State Of Bihar on 17 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.29732 of 2011
                   1.      Surendra Sharma, son of Late Pyare Singh
                   2.      Jitendra Kumar
                   3.      Rakesh Kumar
                   Both sons of Shri Surendra Sharma. All resident of village - Jaykishun
                   Bigha, P.S. - Ghoshi, District - Jehanabad.
                                                                            ----- Petitioners.
                                                      Versus
                   The State of Bihar                                ------Opposite Party
                                                     ********

With
Criminal Miscellaneous No.31948 of 2011
Arvind Kumar, son of Shri Kanti Singh, resident of village – Pakhanpura,
P.S. – Ghoshi, District – Jehanabad.

—– Petitioner.

Versus
The State of Bihar —-Opposite Party
******

03. 17.10.2011 Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the State.

The petitioners, apprehending their arrest in

connection with Ghoshi (Okari O.P.) P.S. Case No.

151/2011 for offences under Sections

147/148/149/323/324/325/307/452/380/427 of the

Indian Penal Code and 27 of the Arms Act, are named

accused in this case with allegation of house trespass

and assault.

Submission is that parties are related with

each other and one partition suit is pending before

competent court. The petty dispute relating to claim of

partition etc. injureds have sustained simple injuries
caused by hard substance on vital part. Learned

Additional Public Prosecutor who is armed carbon

copy of the case diary could not refute such

submissions.

Considering the facts and circumstances of

the case, in the event of their arrest or surrender within

a period of four weeks, let the above-named petitioners

be enlarged on bail on furnishing bail bond of sum of

Rs. 10,000/- (ten thousand only) each with two sureties

of the like amount each to the satisfaction of Chief

Judicial Magistrate, Jehanabad, in connection with

Ghoshi (Okari O.P.) P.S. Case No. 151/2011, subject to

condition under section 438(2) of the Code of Criminal

Procedure, and additional condition to attend the court

regularly till disposal of the case, in the event of failure

on two consecutive dates, without any reasonable

explanation, the privilege granted shall be deemed to

be cancelled.

Rajeev/-                         ( Akhilesh Chandra, J.)