Anirudh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25958 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

Anirudh Sharma Son Of Sri Aatma Sharma Resident Of Village- Ghat Bandhaura, P.S.- Bijaipur, District- Gopalganj 2.

Aatma Sharma Son Of Late Ram Suchit Sharma Resident Of Village- Ghat Bandhaura, P.S.- Bijaipur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bijaipur P.S. Case no. 98 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 354, 379, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, over a dispute regarding construction of drain, occurrence has taken place. Petitioners

Patna High Court CR. MISC. No.25958 of 2021(2) dt.22-01-2022 2/3 have abused and assaulted the informant and his family members. Petitioner no. 2 has assaulted the informant and petitioner no. 1 has torn the cloths of informant's sister when she came there to rescue her brother.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. They have got no criminal antecedent. There is case and counter case. Both the petitioners and mother of petitioner no. 1 have also received injuries. Injury received by the informant is simple in nature, which appears from the injury report, which is annexed as Annexure-2 to this petition. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bijaipur P.S. Case no. 98 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-

Patna High Court CR. MISC. No.25958 of 2021(2) dt.22-01-2022 3/3 1st Class, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U