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Patna High CourtCR. MISC./25916/2023bail granted

Raja Sharma v. The State Of Bihar

2023-07-07Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25916 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Raja Sharma, Son of Kanhaiya Sharma R/o Narainia PS- Mirganj, DisttGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Deepankar Raj, learned counsel appearing on behalf of the petitioner and Mr. Ram Sevak Choudhary, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mirganj P.S. Case No. 351 of 2022, registered under Sections 323, 324, 354, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act-1959. As per allegation made in the F.I.R. that all the accused persons named in the F.I.R. including the petitioner started throwing bricks and snatched golden chain from the neck of the informant's elder mother.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in this case. He further submitted that there is case and counter case between the parties. No

Patna High Court CR. MISC. No.25916 of 2023(2) dt.07-07-2023 2/2 incriminating material has been recovered from the place of occurrence, including the evidences regarding use of fire arm. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. Having heard both the sides and the material available on the record as well as considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-XV, Gopalganj in connection with Mirganj P.S. Case No. 351 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Purnendu Singh, J) manish/minu U T