Amit Sharma @ Makurchand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10216 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== Amit Sharma @ Makurchand Sharma Son Of Suresh Sharma R/O VillageSaraunia Kala, Ward No.11, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjya Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 26.07.2022 in connection with Biharganj P.S. Case No. 161 of 2022, F.I.R. dated 24.06.2022 for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 324, 307, 427, 379, 504 and 506 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner armed with weapons have assaulted the informant's father and this petitioner have iron rod blow to the informant's father due to which he sustained several injuries. They entered into the house of the informant and committed

Patna High Court CR. MISC. No.10216 of 2023(3) dt.24-06-2023 2/2 loot.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the present occurrence has taken place due to land dispute between the parties. He further submits that from perusal of the F.I.R. it transpire that the allegation against the petitioner is that he assaulted the father of the informant by means of rod.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. is supported by the medical evidence.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Biharganj P.S. Case No. 161 of 2022 pending in the court of learned Additional District Judge VII, District- Madhepura. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T