Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26264 of 2023 Arising Out of PS. Case No.-98 Year-2018 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.

RAJ KUMAR SHARMA Son of Ganesh Sharma @ Ganaur Sharma Resident of village-Narsara, P.S.-Bishanpur, District-Darbhanga 2.

PURUSHOTTAM SHARMA @ PURUSHOTTAM KUMAR SHARMA Son of Shiv Sundar Sharma Resident of village-Narsara, P.S.-Bishanpur, District-Darbhanga 3.

GOVIND SHARMA @ GOVIND KUMAR SHARMA Son of Shiv Kumar Sharma Resident of village-Narsara, P.S.-Bishanpur, District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 506, 504 and 120(B) of the Indian Penal Code. As per FIR, the allegation against the petitioners is that they blocked the Darbhanga-Samastipur road causing hindrance in transportation.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.26264 of 2023(2) dt.13-07-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Their name has been transpired in the present case merely on the basis of the statement of local Chowkidar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bishanpur P.S. Case No. 98 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T