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Patna High CourtCR. MISC./10409/2022allowed

Shambhu Sharan Singh @ Shambhu Sharan v. The State Of Bihar

2022-08-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10409 of 2022 Arising Out of PS. Case No.-255 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== SHAMBHU SHARAN SINGH @ SHAMBHU SHARAN Son of Late - Ramsharan Singh Resident of Village - Fulma, Police Station - Akbarpur, District - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner 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 petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341/323/307/442/504/506/34 of the Indian Penal Code. Allegedly, the FIR named accused persons including the petitioner have assaulted the informant and his family. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to family dispute.

Patna High Court CR. MISC. No.10409 of 2022(2) dt.02-08-2022 2/2 No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the informant and petitioner are Advocates in the Civil Court and there is an admitted land dispute between them. No person has got any injury in the alleged occurrence. It is further submitted that there is case and counter case between the parties. Petitioner has two criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since no one has sustained injury, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Akbarpur P.S. Case No.255 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.