Ram Narayan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29335 of 2021 Arising Out of PS. Case No.-56 Year-2019 Thana- UPHARA District- Aurangabad ====================================================== RAM NARAYAN SHARMA S/O MADAN SHARMA R/O VILLAGEEDARI @ ANDARI, POLICE STATION-UPHARA, DISTRICTAURANGABAD. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 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 his arrest in a case registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution story is that on the alleged date and time, Ram Narain Sharma and Raghvendra Sharma caught hold the son of the informant, Venkatesh Sharma and thereafter Vishnukant Sharma and Gopal Sharma fired upon with an intention to kill Venkatesh Sharma.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.29335 of 2021(2) dt.10-02-2022 2/2 further submits that there is land dispute between the parties. He further submits that similarly situated co-accused, namely, Vishnu Kant Sharma and Raghvendra Sharma have already been granted anticipatory bail by this Court passed in Cr. Misc. No. 40377 of 2021 vide order dated 26.10.2021 and the case of this petitioner stands on similar footing.

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 his 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 Chief Judicial Magistrate, Aurangabad in connection with Upahara P.S. Case No. 56 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U