Dharambir Sharma @ Dharmbir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15629 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- BAKHTIARPUR District- Saharsa ====================================================== 1.

DHARAMBIR SHARMA @ DHARMBIR KUMAR S/O LATE RAJO SHARMA Resident of village- Sitanabad Kumedan Tola, P.S.- Simari Bakhtiyarpur, District- Saharsa 2.

AJIT SHARMA @ AJIT KUMAR S/O LATE RAJO SHARMA Resident of village- Sitanabad Kumedan Tola, P.S.- Simari Bakhtiyarpur, DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 At the outset, learned counsel for the petitioner No 2 seeks permission to withdraw the pre-arrest bail petition. This bail petition of the petitioner no 2 is dismissed as withdrawn.

Heard learned counsel for the petitioner No 1 and the State.

Petitioner No 1 apprehends arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

It is alleged that petitioner No 1 (Dharmbir Sharma) assaulted the informant with sharp edged weapon over his head causing cut injury.

Patna High Court CR. MISC. No.15629 of 2023(2) dt.18-05-2023 2/2 It is submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. This case is counter blast of the case instituted by the petitioner No. 1 against the informant and others in PS Case No. 156 of 2022 at Bakhtiyarpur. The allegation against the petitioner is general and omnibus. The doctor has found simple injury. The petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No 1, as named above, 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 the learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. case no 155 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T