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Patna High CourtCR. MISC./4078/2022allowed

Deo Narayan Sharma v. The State Of Bihar

2022-06-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4078 of 2022 Arising Out of PS. Case No.-72 Year-2020 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

DEO NARAYAN SHARMA Son of Late Ram Lakhan Sharma Resident of Village - Belsar, P.S.- Mehandia, District - Arwal. 2.

Dharmendra Kumar Son of Deo Narayan Sharma Resident of Village - Belsar, P.S.- Mehandia, District - Arwal.

3.

Satendra Kumar Son of Deo Narayan Sharma Resident of Village - Belsar, P.S.- Mehandia, District - Arwal.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava For the Informant Mr. Shivendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mehandia P.S. Case no. 72 of 2020 instituted for the offence punishable under Sections 323, 308, 506/34 of the Indian Penal Code.

Prosecution story relates to assault by the petitioners to the informant while he was passing through the door of the accused persons with an intention to kill him with butt of pistol. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.4078 of 2022(2) dt.15-06-2022 2/2 has submitted that petitioners are innocent and have been falsely implicated in this case. One cut mark on nose is received by the informant in the alleged incident. There is case and counter case between the parties. Both parties have received injuries in the alleged occurrence. General and omnibus allegation has been levelled against the petitioners. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mehandia P.S. Case no. 72 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Arwal subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U