Motilal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8246 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- HALAI District- Samastipur ====================================================== Motilal Sharma S/o Sunil Kumar Singh Resident of village - Malpur, PSHalai, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has assaulted with kulhadi on the head of one Gautam Kumar due to which he received injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is case and counter case between the parties. The petitioner is the elder son of the informant. There is dispute between two brothers. The occurrence is of 14.03.2024 whereas the fardbeyan was

Patna High Court CR. MISC. No.8246 of 2025(2) dt.19-03-2025 2/2 recorded on 19.03.2024 and there is delay of five days in lodging the same. From perusal of the injury report, it also transpires that the victim has received one injury that is simple in nature and the same is caused by hard and blunt substance. Other co-accused person has already been granted anticipatory bail by this Court vide order dated 10.12.2024 in Cr. Misc. No. 82850 of 2024. Moreover, the petitioner is languishing in judicial custody since 31.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Halai P.S. Case No. 10 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-2nd, Samastipur.

(Ashok Kumar Pandey, J) Shubham/- U T