Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11899 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== Anil Sharma Son of Raghunath Sharma Resident of Village - Belwarwa, P.S.- Bhitaha, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Choutarawa P.S. Case no. 296 of 2019 registered under sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that on the marriage of his daughter having been fixed, he had given with money and other gift items. Later he had gone for engagement to grooms house. It is further stated that as a result of some dispute, the accused persons belonging to the grooms side started to abuse and assault them. He names seven accused persons including the petitioner herein besides 10-12 unknown persons. It is further stated that they took away Rs. 20,000/- in cash, gold chain etc.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted.

Patna High Court CR. MISC. No.11899 of 2020(2) dt.26-06-2020 2/2 The allegations are general and omnibus in nature. As per the injury report of Ashok Sharma brought on record it would transpire that all injuries are simple in nature except for an injury on right thumb which is opined to be grievous. The petitioner has no criminal antecedent .

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the nature of allegation, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Choutarawa P.S. Case no. 296 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U