Aman Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25847 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- BELHAR District- Banka ====================================================== 1.
AMAN SHARMA SON OF LATE NIHAR SHARMA RESIDENT OF VILLAGE- VISHWAKARMA TOLA, KHESAR, PS- BELHAR, DISTTBANKA 2.
NIKHIL SHARMA SON OF LATE NIHAR SHARMA RESIDENT OF VILLAGE- VISHWAKARMA TOLA, KHESAR, PS- BELHAR, DISTTBANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023
1. Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
3. On the alleged date and time of occurrence these two petitioners along with other accused persons assaulted the husband of deceased with lathi, danda and rod, on account of which husband of the informant died during the course of treatment.
4. It is submitted on behalf of the petitioners that due to pre-existing land dispute between the parties, these
Patna High Court CR. MISC. No.25847 of 2023(1) dt.13-07-2023 2/2 petitioners have been made accused in this case. In this case F.I.R. has been lodged after a delay of four days and there is no explanation for the same which itself creates doubt about the veracity of the occurrence.
5. Learned counsel for the State vehemently opposed the prayer for anticipatory bail and submits that petitioners are named in the FIR and there is specific allegation against these petitioners that they along with other co-accused assaulted the deceased with lathi, danda and rod.
6. Considering the nature of allegation and gravity of offence, prayer for anticipatory bail is rejected. (Prabhat Kumar Singh, J) Alok Verma/- U T