Dinbandhu Sharma @ Deenbandhu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17675 of 2024 Arising Out of PS. Case No.-384 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Dinbandhu Sharma @ Deenbandhu Kumar Sharma Son of Pawan Sharma Resident of village - Saidpur Darba, P.S.- Gopalpur, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-03-2024 Heard Mr. Diwakar Upadhyaya, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 384 of 2023 registered under Sections 429, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the petitioner has killed mare of the informant with bullet shot.

4. Learned counsel appearing on behalf of the petitioner submits that no such act was committed by the petitioner, he is innocent and he has falsely been implicated in the present case. The animal was old and used to create nuisance. The petitioner is the neighbour of the informant and

Patna High Court CR. MISC. No.17675 of 2024(2) dt.14-03-2024 2/3 he is ready to compensate the informant with substantial amount for the loss caused to the informant due to death of his mare.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, the information given on behalf of the petitioner, that he will duly compensate the informant with substantial amount of money, the petitioner is directed to be released on bail subject to the condition that he should abide by under-taking given before this Court by filing an affidavit and bringing on record the receipt given by the informant in acceptance of the amount.

7. The District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, 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 - I, Naugachia (Bhagalpur)/successor court in connection with Gopalpur P.S. Case No. 384 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The District Court is directed to verify the criminal

Patna High Court CR. MISC. No.17675 of 2024(2) dt.14-03-2024 3/3 antecedent of the petitioner(s), as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner(s), as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- U T