Pappu Sharma @ Pappu Kumar @ Pappu Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27547 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.
PAPPU SHARMA @ PAPPU KUMAR @ PAPPU KUMAR SHARMA Son of Sushil Sharma Resident of Village- Dargah Tola Belapemu, P.S.- Barhara, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 379/34 of the Indian Penal Code.
Allegation has been levelled against the petitioner and other co-accused persons of assault with firearm at the brother of the informant, causing head injury to him and he died in the
Patna High Court CR. MISC. No.27547 of 2021(2) dt.02-02-2022 2/3 way towards the hospital.
It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He further submits that specific allegation of assault upon the deceased is against co-accused Sabita Devi and Sadanand Sharma. He further submits that similarly situated co-accused, namely, Madan Sharma has been granted anticipatory bail by this Court passed in Cr. Misc. No.19190 of 2021 vide order dated 24.01.2022 and the case of this petitioner stands on similar footing. He further submits that petitioner has clean antecedent.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
In the facts and circumstances of the case, let the petitioner, above named in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Smt. Angira Kumari, Judicial Magistrate, Ist Class, Purnea/concerned Court in connection with Barhara P.S. Case No. 174 of 2020, subject to
Patna High Court CR. MISC. No.27547 of 2021(2) dt.02-02-2022 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T