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Patna High CourtCR. MISC./25169/2023allowed

Mritunjay Sharma v. The State Of Bihar

2023-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25169 of 2023 Arising Out of PS. Case No.-127 Year-2022 Thana- GOH District- Aurangabad ====================================================== Mritunjay Sharma Son Of Janeshwar Sharma Resident Of Village- Sagarpur, Ps- Goh, Distt- Aurangabad , Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379 and 307/34 of the Indian Penal Code pending in the learned court below.

3. Petitioner along with other co-accused persons assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is specific allegation against the co-accused Bittu Sharma. He submits that there is no specific overt act against the petitioner. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that petitioner has

Patna High Court CR. MISC. No.25169 of 2023(3) dt.26-07-2023 2/2 got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Goh P.S. Case No.127/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T