Mukesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10013 of 2025 Arising Out of PS. Case No.-300 Year-2023 Thana- MANSI District- Khagaria ====================================================== 1.

Mukesh Sharma S/O Late Dhruv Sharma Resident of Village- Chukti, P.SMansi, District- Khagaria 2.

Akshay Sharma @ Akshay Kumar Sharma S/O Kamleshwari Sharma Resident of Village- Chukti, P.S- Mansi, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10185 of 2025 Arising Out of PS. Case No.-300 Year-2023 Thana- MANSI District- Khagaria ====================================================== 1.

Nand Lal Sharma @ Nand Kumar Nandu S/O Late Ramswaroop Sharma R/O Vill.- Chutki, P.S.- Mansi, Dist.- Khagaria. 2.

Prahlal Sharma @ Krishnadeo Sharma S/O Late Ramswaroop Sharma R/O Vill.- Chutki, P.S.- Mansi, Dist.- Khagaria.

3.

Diwakar Sharma S/O Kuneshwar Sharma @ Tuneshwar Sharma R/O Vill.- Chutki, P.S.- Mansi, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 10013 of 2025) For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Rina Sinha For the State :

Mr. Akshay Lal Pandit (In CRIMINAL MISCELLANEOUS No. 10185 of 2025) For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Bharat Bhushan For the State :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-03-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

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2. This application, for grant of anticipatory bail, arises out of Mansi Police Station Case No. 300 of 2023, dated 28.09.2023, disclosing offences under Sections 447/323/307/385/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 25.09.2023, the informant came with lunch for her sons on the shop, at about 01:00 PM, where the informant's son and her husband were engaged in furniture business. The petitioners, along with other accused persons, came at the shop, started abusing them and demanded extortion money of Rs. One Lakh. On the same day, at about 07:PM, in the evening, when the informant's son, after closing the shop, proceeded towards home at Chutki near Ram janki Thakurwadi, the named accused persons and some other unknown persons, armed with various weapons, assaulted the informant's son on his head. The petitioner no. 3 of Cr. Misc. No. 10185 of 2025 assaulted the informant's son by means of iron rod, petitioner no. 1 and 2 of Cr. Misc. No. 10185 of 2025 assaulted him indiscriminately by means of lathi and also snatched Rs. 50,000/- from his pocket.

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4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to dispute regarding passage between them. The petitioners are not having any criminal antecedents. He next submits that the allegations are general and omnibus in nature and from the injury report, it appears that injuries are simple in nature. The present First Information Report has been lodged as counter blast to the First Information Report lodged by the side of the petitioner, bearing Mansi Police Station Case No. 184 of 2023, against the informant' sons. He further submits that similarly situated co-accused Avinash Kumar @ Abhinash Kumar has been granted anticipatory bail by this Court in Cr. Misc. No. 7674 of 2025.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, the occurrence took place due to dispute over passage, injuries sustained by the victims are simple in nature and the similarly situated co-accused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail.

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6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Mansi Police Station Case No. 300 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T