Allowed

Bhogi Sharma and Ors. v. The State Of Bihar

Patna HC13 Jul 2017CR. MISC./31153/2017

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to multiple petitioners apprehending arrest in a criminal case involving sections 147, 148, 341 of IPC relating to a land dispute, directing them to surrender within six weeks.

What did the court decide?

Anticipatory bail allowed; release on surrender within six weeks on furnishing bail bond of Rs.10,000 each with two sureties, subject to Section 438(2) Cr.P.C. conditions.

Bhogi Sharma and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2017)

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Patna High Court Cr.Misc. No.31153 of 2017 (2) dt.13-07-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.31153 of 2017

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Arising Out of P.S.Case No. -78 Year- 2017 Thana -BANMANKHI District- PURNIA

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======================================================

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Bhogi Sharma, son of Late Khikhar Sharma,

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Mozi Sharma, son of Late Khikhar Sharma,

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Chaturi Sharma, son of Late Khikhar Sharma,

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Kaishori Sharma, son of Late Khikhar Sharma,

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Kalanand Sharma, son of Late Khikhar Sharma,

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Jagan Sharma, son of Late Phodar Sharma,

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Santosh Sharma, son of Sri Jagan Sharma,

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Bhim Sharma, son of Late Panchu Sharma,

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Debu Sharma @ Daibu Sharma, son of Late Panchu Sharma,

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Hit Lal Sharma, son of Late Gourakh Sharma,

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Rasho Sharma, son of Sri Hit Lal Sharma,

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Sohan Sharma @ Sohan Kumar, son of Sri Hit Lal Sharma,

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Mohan Sharma @ Mohan Kumar Sharma, son of Sri Rasho Sharma, all residents of Village- Dhima, P.S.- Banmankhi, District- Purnea.

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.... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party

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====================================================== Appearance :

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For the Petitioners : Mr. Amit Kumar Anand, Advocate For the Opposite Party : Mr. Satya Nand Shukla, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER

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2 13-07-2017 Heard.

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The petitioners apprehend arrest in connection with Banmankhi P.S.Case No.78 of 2017 registered for an offence under Sections 147, 148, 341, 323, 379, 384, 504 and 506 of the IPC.

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As per written report, allegation is that on 21.04.2017 all the petitioners forcibly started erecting house over the land measuring 2.53 acres belonging to the brother-in-law of the

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Patna High Court Cr.Misc. No.31153 of 2017 (2) dt.13-07-2017

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informant. The informant had protested whereupon petitioner no.1 ordered to assault the informant. Petitioner no.1 pressed his neck and other petitioners snatched cash amount of Rs.4,000/- and mobile etc. from the possession of the informant.

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It is submitted that the petitioners and informant are resident of same place and a land dispute is going on between them. The land in dispute is in possession of the petitioners since the time of their grand-father. It was the informant and his men who had committed overt-act for which a complaint case bearing no.161 of 2014 was filed by petitioner no.6 against the brother of the informant. The said case is pending in the Court of Judicial Magistrate, Ist Class, Purnea.

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In view of the aforesaid facts, the prayer of anticipatory bail is allowed. Let the above named petitioners be released in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Banmankhi P.S.Case No.78 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-VI, Purnea subject to the conditions as laid under Section 438(2) of the Cr.P.C.

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(Sanjay Kumar, J)

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B.Kr./U T

Bhogi Sharma and Ors. v. The State Of Bihar

Case brief

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Bhogi Sharma and Ors. v. The State Of Bihar

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