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Patna High CourtCR. MISC./39923/2021allowed

Viveka Sharma @ Viveka Nand Sharma v. The State Of Bihar

2022-06-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39923 of 2021 Arising Out of PS. Case No.-189 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

Viveka Sharma @ Viveka Nand Sharma S/o Late Satya Narayan Sharma Resident of Vishwaspur, P.S.- Amarpur, District- Banka. 2.

Suraj Kumar S/o Viveka Sharma @ Viveka Nand Sharma Resident of Vishwaspur, P.S.- Amarpur, District- Banka.

3.

Amarjeet Kumar S/o Viveka Sharma @ Viveka Nand Sharma Resident of Vishwaspur, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman For the Opposite Party/s :

Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 307, 506, 504 and 34 of the Indian Penal Code. The petitioners are said to have assaulted the brother of the informant brutally and snatched a mobile phone, a watch and Rs.2000/- from the brother of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against

Patna High Court CR. MISC. No.39923 of 2021(2) dt.21-06-2022 2/2 the petitioners. It is further submitted that there is no injury report in the case diary. It is also submitted that the occurrence took place on 10.08.2020, but the FIR was lodged after 15 days of the occurrence without any explanation.

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

Taking into consideration the facts and circumstances of the case and the fact that the FIR was lodged after 15 days of the occurrence, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bhagalpur in connection with Shahkund P.S. (Bhagalpur) Case No.189 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T