IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.913 of 2011 1. DEEPAK SHARMA, SON OF JAGDISH SHARMA, RESIDENT OF SUGAULI BAZAR, SUGAULI, P.S. SUGAULI, EAST CHAMPARAN, DISTRICT-BETTIAH. 2. ASHWANI SHARMA, SON OF NAND KISHORE SHARMA ALIAS NAND KUMAR SHARMA. 3. NAND KISHORE SHARMA @ NAND KUMAR SHARMA, SON OF LATE BHOJ RAJ SHARMA. BOTH ARE RESIDENT OF 384 EAST NAGESHWAR COLONY, BORING ROAD, PATNA-1, P.S. KOTWALI, DISTRICT-PATNA. ……………………………………………....PETITIONERS. Versus THE STATE OF BIHAR……………OPPOSITE PARTY. ----------- For the Petitioners : Mrs. Mira Kumari, Advocate. For the State : Mr. Surendra Kumar, A.P.P. --------- 2. 13.1.2011. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 504, 323, 341 and 379 of the Indian Penal Code. As per the allegation in the First Information Report, when the petitioners and the informant were travelling in the same compartment of the train, then allegedly the petitioners tried to stop the train by pulling the chain of the 2 train and petitioner no.2, allegedly tried to push the informant out of the train whereas petitioner no.1, snatched Rs.3000/- and a golden chain and, thereafter, the petitioners deboarded the train at Sugauli Station and also threatened to kill, if the informant will not execute the deed in favour of the petitioners in respect of the land upon which the petitioners used to park their vehicle. It has been submitted on behalf of the petitioners that both sides are related to each other and known to each of them. Therefore, it is highly improbable that such person will snatch three thousand rupees and a golden chain from his relative in a running train and try to escape threrefrom. It is further submitted that the reason for lodging this false case is that a complaint case was filed by one of the petitioners, namely, Ashwani Sharma, against the informant and his brother, Kanhaiya Sharma, on 11.2.2009 itself. Thereafter, cognizance had been taken in that case on 3.11.2009 under Section 138 of the Negotiable Instruments Act. Thereafter, the present case has been filed on 13.6.2010 with a view to falsely implicate the petitioners to pressurize them from prosecuting the aforesaid earlier complaint case. It is also contended that one of the petitioners, namely, Nand Kishore 3 Sharma alias Nand Kumar Sharma, is aged about 75 years. Having considered the facts and the circumstances of the case, let the petitioners, namely, (1) Deepak Sharma, (2) Ashwani Sharma and (3) Nand Kishore Sharma alias Nand Kumar Sharma, in the event of their arrest or surrender by them within four weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Sugauli Rail P.S. Case No.22 of 2010, subject to the condition laid down under Section 438(2) Cr.P.C. P.S. ( Dr. Ravi Ranjan, J)