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Subhash Sharma and ors. Vs. the State of Bihar

Subhash Sharma and ors. vs The State of Bihar

Type Court Judgment Court Patna Decided May 13, 2012
~2 min read
https://sooperkanoon.com/case/974848

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

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

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Subhash Sharma and ors.

Respondent

The State of Bihar

Excerpt

.....other petitioners are concerned, they are apprehending their arrest in a case registered under sections 341, 323 and 504/34 of the indian penal code and section 3(i)(x) sc/st (prevention of atrocities) act. the accusations are of making assault and abusing the informant by calling caste name. it is submitted by learned counsel for the petitioners that for making construction the objection was raised by the informant and in that background the present case has been lodged and the matter was taken to the gram kachahari where the accusation was not found true and a sanha was also lodged by the petitioner prior in time. it is further submitted that the occurrence took place in the house of the informant hence it cannot be treated as the occurrence being taken place in the public view. considering the fact that in the background of the bona fide property dispute, the accusation gets clouded, let the above named petitioner nos. 2 to 4 be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, bhagalpur in connection with sah kund (sajour) p.s. case no. 195 of 2011 subject to the conditions as laid down under section 438(2) of the cr.p.c. (dinesh kumar singh, j) anjani /-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1097 of 2012 ====================================================== 1. Subhash Sharma.

2. Bhim Sharma.

3. Angad Sharma.

4. Dinesh Sharma. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================”

13. 01-2012 Heard learned counsels for the petitioners and the State. It is submitted that petitioner no.1 has been arrested, hence his anticipatory bail application has become infructuous. Accordingly the application with regard to petitioner no.1 is dismissed as withdrawn. So far as other petitioners are concerned, they are apprehending their arrest in a case registered under Sections 341, 323 and 504/34 of the Indian Penal Code and Section 3(I)(X) SC/ST (Prevention of Atrocities) Act. The accusations are of making assault and abusing the informant by calling caste name. It is submitted by learned counsel for the petitioners that for making construction the objection was raised by the informant and in that background the present case has been lodged and the matter was taken to the Gram Kachahari where the accusation was not found true and a sanha was also lodged by the petitioner prior in time. It is further submitted that the occurrence took place in the house of the informant hence it cannot be treated as the occurrence being taken place in the public view. Considering the fact that in the background of the bona fide property dispute, the accusation gets clouded, let the above named petitioner nos. 2 to 4 be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sah Kund (Sajour) P.S. Case No. 195 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Anjani /-

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