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Patna High CourtCR. MISC./16294/2021bail rejected

Shambhu Sharma @ Shambhu Kumar Sharma v. The State Of Bihar

2022-01-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16294 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- ROSERA District- Samastipur ====================================================== Shambhu Sharma @ Shambhu Kumar Sharma Son of Arjun Sharma Resident of Village - Govindpur Ward No.4, P.S.- Rosera, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 458, 323, 307, 387, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that this petitioner and co-accused

Patna High Court CR. MISC. No.16294 of 2021(3) dt.10-01-2022 2/3 Manish Kumar Mahto @ Manish Sah came at the door of the informant in a drunken condition and started abusing him and when the informant made protest, they fired from their pistols to the informant which did not hit him. It is submitted by learned counsel for the petitioner that petitioner and informant are next door neighbour and in the background of dispute with regard to passage, the present accusation has been levelled against the petitioner. There is no specific accusation against the petitioner. A statement has been made in para 3 of the petition that petitioner is accused in two other cases.

Considering the fact that petitioner has criminal antecedent, this Court is not inclined to grant anticipatory bail to the petitioner.

However, if the petitioner surrenders within a period of four weeks from today and pray for regular bail, the same may be considered by the learned Court below, without being prejudiced by the order of this

Patna High Court CR. MISC. No.16294 of 2021(3) dt.10-01-2022 3/3 Court and keeping in view the submissions made above. With the aforesaid observation/direction, the petition stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T