Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31594 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Shankar Sharma S/o Late Shiv Nath Sharma Resident of Mohalla- Balu Ghat, Ward no.- 6, P.S.- University, District- Darbhanga 2.

Poonam Devi W/o Shankar Sharma Resident of Mohalla- Balu Ghat, Ward no.- 6, P.S.- University, District- Darbhanga 3.

Shubhashani Kumari @ Twinkal Kumari D/o Shankar Sharma Resident of Mohalla- Balu Ghat, Ward no.- 6, P.S.- University, District- Darbhanga 4.

Shivam Kuma @ Shivam Sharma S/o Shankar Sharma Resident of MohallaBalu Ghat, Ward no.- 6, P.S.- University, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaishav Kumar, Advocate For the Informant :

Mr. Sarvan Kumar, Advocate Mr. Kumar Rajeev, Advocate For the State :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2025 Initially, learned counsel for the petitioner submits that he is not pressing the present application so far as petitioner nos. 1, 2, and 4 are concerned, as they have already been arrested during the pendency of this application.

2. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

3. Petitioner no. 3, namely, Shubhashani Kumari @ Twinkal Kumari, who apprehends arrest in connection with University (LNMU) P.S. Case No. 286 of 2024 lodged

Patna High Court CR. MISC. No.31594 of 2025(3) dt.23-07-2025 2/3 12.10.2024, for the offences punishable under sections 126(2), 115(2), 109, 74, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. As per the prosecution, the F.I.R. has been lodged against four named accused persons, alleging that they entered the house of the informant and assaulted him and his family members.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the petitioner and the informant are residents of the same locality and are well known to each other. A scuffle broke out between the family members of both sides over a petty issue, resulting in injuries to persons on both sides. There exists a case and counter case with respect to the said incident. Petitioner no. 3 is a female and has no criminal antecedents.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner no. 3 is a named accused in the F.I.R., and specific allegation of assault has been levelled against her.

7. Learned APP for the State opposes the prayer for bail but submits that there is case and counter case between the parties.

Patna High Court CR. MISC. No.31594 of 2025(3) dt.23-07-2025 3/3

8. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned CJM, Darbhanga, in connection with University (LNMU) P.S. Case No. 286 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T