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Guddu Sharma Vs. the State of Bihar

Guddu Sharma vs The State of Bihar

Type Court Judgment Court Patna Decided May 12, 2012
~2 min read
https://sooperkanoon.com/case/974526

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Citation
Court
Patna High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Guddu Sharma

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.850 of 2012 ====================================================== guddu sharma .... .... petitioner versus the state of bihar .... .... opposite party =====================================================”12. 01-2012 heard learned counsels for the petitioner and the state. the petitioner is apprehending his arrest in a case registered under sections 341, 323, 353, 504 and 379/34 of the indian penal code and section 3 (i) (x) of the sc/st (prevention of atrocities) act. it is alleged that informant being the vikash mitra was distributing the coupons along with one another person, in the meantime the petitioner and other accused persons forcefully snatched the register and the bag. it is further alleged that the bag was handed over to the informant by some unknown boy from which some cards were missed and they also abused the informant by calling caste name. it is submitted by learned counsel for the petitioner that section 353 ipc is not applicable since the informant is not a government servant and it is not alleged that any card or coupon has been misused by this petitioner. it is further submitted that it was only because the petitioner objected about the illegality committed in the distribution of the coupons, the present case has been lodged. considering the nature of accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, jehanabad in connection with shakurabad p.s. case no. 69/2011 subject to the conditions as laid down under section 438(2) of the cr.p.c. (dinesh kumar singh, j) amrendra kumar/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.850 of 2012 ====================================================== Guddu Sharma .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party =====================================================”

12. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 353, 504 and 379/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. It is alleged that informant being the Vikash Mitra was distributing the coupons along with one another person, in the meantime the petitioner and other accused persons forcefully snatched the register and the bag. It is further alleged that the bag was handed over to the informant by some unknown boy from which some cards were missed and they also abused the informant by calling caste name. It is submitted by learned counsel for the petitioner that Section 353 IPC is not applicable since the informant is not a government servant and it is not alleged that any card or coupon has been misused by this petitioner. It is further submitted that it was only because the petitioner objected about the illegality committed in the distribution of the coupons, the present case has been lodged. Considering the nature of accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 69/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Amrendra Kumar/-

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