Harendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27245 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

HARENDRA SHARMA Son of Shatrudhan Sharma Resident of Village - Hajimpur, P.s.- Shakurabad, Distt.- Jehanabad. 2.

KAUSHAL SHARMA Son of Late Shakal Dev Sharma Resident of Village - Hajimpur, P.s.- Shakurabad, Distt.- Jehanabad. 3.

SHYAM KISHORE SHARMA Son of Ram Uday Sharma Resident of Village - Hajimpur, P.s.- Shakurabad, Distt.- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons, including these petitioners, armed with iron rod, Fabra and country made pistol came and assaulted the informant and his brother.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.27245 of 2022(2) dt.22-09-2022 2/2 the case. It is further submitted that petitioner No.1 and 2 are alleged to have assaulted the informant but the injury has been found to be simple in nature. Petitioner No.3 assaulted the brother of informant and the injury has been found to be grievous in nature. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Taking into consideration the facts aforesaid, prayer for anticipatory bail of petitioner No.3 is rejected. Considering the facts of the case and clean antecedent of the petitioners, let the petitioners No. 1 & 2, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Jehanabad in connection with Shakurabad PS case No. 202/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T