Laltu Sharma @ Laltu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27354 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Laltu Sharma @ Laltu Kumar Sharma Son of Surendra Sharma @ Suresh Sharma Resident of Village- Rajni Godh Mandir Tola, Ward No. 13, Police Station- Murliganj, Dist.- Madhepura 2.

Arjun Sharma Son of Surendra Sharma @ Suresh Sharma Resident of Village- Rajni Godh Mandir Tola, Ward No. 13, Police Station- Murliganj, Dist.- Madhepura 3.

Vikash Sharma Son of Surendra Sharma @ Suresh Sharma Resident of Village- Rajni Godh Mandir Tola, Ward No. 13, Police Station- Murliganj, Dist.- Madhepura 4.

Santosh Kumar Son of Surendra Sharma @ Suresh Sharma Resident of Village- Rajni Godh Mandir Tola, Ward No. 13, Police Station- Murliganj, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Murliganj P.S. Case No. 137 of 2023 instituted under Sections 341, 323, 324, 379, 307, 354(A), 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons assaulted the informant with iron rod and the petitioner no. 1 assaulted the brother of the informant with dabiya on his head.

Patna High Court CR. MISC. No.27354 of 2024(2) dt.07-08-2024 2/3 The sister-in-law was assaulted by the petitioner no. 3 and petitioner no. 2 snatched mobile phone and cash from the pocket of the brother of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to village politics and land dispute. He further submits that there is case and counter case between the parties. It is further submitted that the FIR has been lodged after 5 days of the alleged occurrence without any plausible explanation. The petitioners are the next door neighbours of the informant. He further submits that petitioners have no criminal antecedent and they undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M.-1st Class, Madhepura / Concerned Trial Court in connection with Murliganj P.S. Case No. 137 of 2023, subject to

Patna High Court CR. MISC. No.27354 of 2024(2) dt.07-08-2024 3/3 the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T