Bindeshwari Sharma @ Vindeshwari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27499 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== 1.

Bindeshwari Sharma @ Vindeshwari Sharma S/O Ram Prasad Sharma R/O - Village- Dadhisir, P.S- Bannubagicha, Distt- Lakhisarai 2.

Manoj Sharma @ Manoj Kumar Sharma S/O Bindeshwari Sharma @ Vindeshwari Sharma R/O - Village- Dadhisir, P.S- Bannubagicha, DisttLakhisarai 3.

Ram Priya Sharma @ Ramprit Sharma, S/O Bindeshwari Sharma @ Vindeshwari Sharma R/O - Village- Dadhisir, P.S- Bannubagicha, DisttLakhisarai 4.

Sandeep Kumar S/O Sanjay kumar R/O - Village- Dadhisir, P.SBannubagicha, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuber Pathak For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners have prayed for grant of bail in connection with Bannubagicha P.S. Case No. 09 of 2023 registered under sections 323, 341, 307, 448 and 34 of the Indian Penal Code and later on Section 302 of the IPC was added.

3. The allegation against the petitioners along with other co-accused persons is that they assaulted the family members of the informant due to which they sustained injuries.

Patna High Court CR. MISC. No.27499 of 2024(2) dt.26-04-2024 2/3

4. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Nothing specific allegation has been levelled against the petitioners rather general and omnibus allegation has been levelled against them. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 08.09.2023 in Cr. Misc. No. 59440 of 2023. Moreover, the petitioner is languishing in judicial custody since 16.01.2024.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bannubagicha P.S. Case No. 09 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.27499 of 2024(2) dt.26-04-2024 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai.

(Sunil Kumar Panwar, J) Shubham/- U T