Srikant Singh @ Srikant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16612 of 2024 Arising Out of PS. Case No.-365 Year-2023 Thana- BIKRAM District- Patna ====================================================== 1.
Srikant Singh @ Srikant Sharma Son of Suryadev Sharma R/o VillageSikariya, P.S.- Bikram, District- Patna 2.
Vijay Singh @ Vijay Sharma Son of Late Rameshwar Singh R/o VillageSikariya, P.S.- Bikram, District- Patna 3.
Sanjeev Singh Son of Vijay Sisngh @ Vijay Sharma R/o Village- Sikariya, P.S.- Bikram, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bikram P.S. Case No. 365 of 2023 for the offence punishable u/s 307, 147, 148, 149, 324, 323, 452, 354B, 379, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and other accused persons dragged out the informant from his house and assaulted him with butt of the pistol and sharp spear causing a number of injuries on the face of the informant. Assailants also assaulted the sister-in-law and the brother-in-law of the
Patna High Court CR. MISC. No.16612 of 2024(2) dt.14-03-2024 2/3 informant. The occurrence took place in the background of land dispute between the parties.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The informant side is aggressor and they tried to capture the land of the petitioners and they resorted to firing and demolished the boundary wall of the petitioners and for the said occurrence Bikram P.S. Case No. 273 of 2023 was registered on 12.06.2023 and as a counter blast the present FIR has been lodged. The injury report of the informant is manufactured and the injuries are also simple in nature. The petitioners have got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners who submits that the injuries caused by the petitioners on the person of the informant are grievous in nature and they also assaulted the brother and sister-in-law of the informant.
6. Considering the aforesaid facts and circumstances of the case and considering the case and counter case between the parties in the background of land dispute and further considering the possibility of false implication, let the petitioners above named, in the event of their arrest/surrender
Patna High Court CR. MISC. No.16612 of 2024(2) dt.14-03-2024 3/3 within a period of eight weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Danapura, Patna in connection with Bikram P.S. Case No. 365 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Arun Kumar Jha, J) Prakash/- U