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Patna High CourtCR. MISC./31496/2024allowed

Sunil Kumar Sharma v. The State Of Bihar

2024-09-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31496 of 2024 Arising Out of PS. Case No.-224 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

Sunil Kumar Sharma Son of Late Rajdeo Thakur Resident of VillagePaltubelwa, P.S- Chakiya, District- East Champaran 2.

Niteshwar Kumar @ Niteshwar Kumar Sharma Son of Late Rajdeo Thakur Resident of Village- Paltubelwa, P.S- Chakiya, District- East Champaran 3.

Prince Kumar Son of Late Rajdeo Thakur Resident of Village- Paltubelwa, P.S- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Adv.

Mrs. Prerna Rishi, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 308, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.31496 of 2024(3) dt.25-09-2024 2/2 specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that the petitioners have already been granted the benefit of Section 41A of the Cr.P.C. and thereafter, charge-sheet has been submitted against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chakiya P.S. Case No.224 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T