Dhiraj Kumar Sharma @ Vishal Kumar @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12582 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- KHAIRA District- Saran ====================================================== 1.

Dhiraj Kumar Sharma @ Vishal Kumar @ Dhiraj Kumar, Son of Terash Sharma, Resident of Village- Firojpur, P.S.- Khaira, Distt.- Saran 2.

Punam Devi, Wife of Terash Sharma, Resident of Village- Firojpur, P.S.- Khaira, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Khaira P.S. Case No. 273 of 2024 dated 13.11.2024 instituted for the offence punishable under Sections 126(2), 115(2), 109, 352, 351(2), 3(5), 74, 303(2) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that F.I.R. has been lodged against 12 named accused persons including the present petitioners and specific allegation against accused Binod Kumar Sharma and Ajay Kumar Sharma to assault the informant's side and against rest others there are general and omnibus allegation.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in

Patna High Court CR. MISC. No.12582 of 2025(2) dt.02-04-2025 2/2 this case. It is further submitted that there is no specific allegation of assault rather the allegation against the petitioners are general and omnibus. There is land dispute between the parties. Both the parties are agnates. It is further submitted that earlier, the petitioners' also filed a criminal case against the informant's side. Lastly, it has been submitted that petitioner no. 1 has one criminal case while petitioner no. 2 has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Khaira P.S. Case No. 273 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T