Santosh Kumar @ Bhola Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8771 of 2022 Arising Out of PS. Case No.-255 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== 1.

SANTOSH KUMAR @ BHOLA SHARMA SON OF RAJENDRA SHARMA R/O VILLAGE- DEHUNI, P.S.- GHOSHI, DISTRICTJEHANABAD 2.

SANTU KUMAR SON OF SATENDRA SHARMA R/O VILLAGEDEHUNI, P.S.- GHOSHI, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 452, 341, 323, 324, 325, 326, 307, 504 of the Indian Penal Code. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant and his

Patna High Court CR. MISC. No.8771 of 2022(2) dt.02-08-2022 2/3 son by means of several weapons, as a result of which they sustained injuries.

It is submitted by learned counsel for the petitioner that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. Both the petitioners and informant are agnates. In the alleged occurrence both sides sustained injuries and the injuries are simple in nature. Petitioners have no criminal antecedent, which is also mentioned para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below

Patna High Court CR. MISC. No.8771 of 2022(2) dt.02-08-2022 3/3 where the case is pending/Successor Court in Ghoshi P.S. Case No. 255 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T