Nagendra Sharma @ Nagendra Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6782 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Nagendra Sharma @ Nagendra Kumar Sharma S/o- Mahavir Sharma VillageJamobazar Ps- Jamobazar Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Prasad, Advocate Mr. Mithilesh Kumar Upadhyay, Advocate For the Opposite Party/s :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-05-2025 Heard Mr. Raju Prasad, learned counsel for the petitioner and Mr. Pronoti Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Jamo Bajar P.S. Case No. 261 of 2024, F.I.R. dated 05.08.2024 for the offences punishable under Sections 126(2), 115(2), 118, 109, 352, 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the petitioner attacked the informant while he was working in the field with sharp weapon causing injury to the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute
Patna High Court CR. MISC. No.6782 of 2025(2) dt.19-05-2025 2/3 between the parties. He further submits that although there is specific allegation against this petitioner that he has assaulted the informant and the informant received the injury but the injury report does not reflect that whether the injury is greivous or simple and apart from that the co-accused persons, namely, Mahavir Sharma, Rajkishore Sharma and Vicky Sharma have been granted the privilege of anticipatory bail by the learned Court below itself.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, the petitioner has clean antecedent, due to land admitted land dispute the present occurrence has been taken place, other co-accused persons have granted bail by the learned Court below and the injury report does not suggest that whether the injury is grievous or simple in nature, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Jamo Bajar P.S. Case No. 261 of 2024, subject to the conditions
Patna High Court CR. MISC. No.6782 of 2025(2) dt.19-05-2025 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T