Anand Mohan Sharma @ Guddu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22729 of 2021 Arising Out of PS. Case No.-182 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== Anand Mohan Sharma @ Guddu Sharma Son of Shri Chandra Kishore Sharma Resident of Village Madrauni Tola, P.S. Dhamdaha, District Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate Dr. Bidhu Ranjan, Advocate For the State :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2022 Heard Mr. N.K. Agrawal, learned Senior Counsel assisted by Dr. Bidhu Ranjan for the petitioner and Mr. Akbar Ali, learned APP for the State.

The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No.182 of 2019, registered for the offences punishable under Sections 147, 149, 341, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is said to have fired on the husband of the informant on his right leg.

Learned Senior Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is land dispute between the parties and on account of land dispute, the petitioner has been made accused in this case. The informant herself accepts that there is land dispute between the petitioner and the informant. It is submitted that the learned DCLR declared the tenancy right in

Patna High Court CR. MISC. No.22729 of 2021(3) dt.07-07-2022 2/2 favour of the petitioner's father under Section 48E of the Tenancy Act in which the informant's side is opposite party (Annexure-3). By order dated 24.05.2022, case diary was called for and from perusal of the injury report, it transpires that the injuries were causes by hard and blunt object the injuries are simple in nature. There is no injury of firearm. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Dhamdaha P.S. Case No.182 of 2019, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

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