Chitranjan Sharma v. The State Of Bihar

.... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr.Rama Kant Sharma, Sr. Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 23-10-2013 Heard learned Senior counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners seek anticipatory bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 435, 436. 427. 504, 448, 354 of the Indian Penal Code and Section 27 of Arms Act. Learned Senior counsel for the petitioners with Patna High Court Cr.Misc. No.44252 of 2013 (2) dt.23-10-2013 reference to first information report contends that altogether nine persons have been made accused. The allegation against all of them are general and omnibus to the effect that they damaged three tractors which belonged to the informant and others. He has also drawn my attention to the reason behind the occurrence as narrated in the first information report itself to the effect that in an occurrence which had taken place a day back one Ajunjay Sharma @ Bhutani Sharma was killed who happened to be brother of petitioners no.1 and 2. Learned Senior counsel for the petitioners with reference to the occurrence of 22.6.2013 contends that an F.I.R. was instituted regarding killing of the said Ajunjay Sharma by petitioner no.2 in which the informant of the present case is an accused. It is contended that petitioner no.1 had no criminal antecedent and petitioner no.2 and 3 are accused in a minor sections of the Indian Penal Code in Khudwan P.S. Case No.223 of 2012. In view of the above, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on Patna High Court Cr.Misc. No.44252 of 2013 (2) dt.23-10-2013 furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in Khudwan P.S. Case No.33 of 2013, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. AnilKrSinha/- (Chakradhari Sharan Singh, J)