Abhishek Sharma @ Abhishek Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11170 of 2018 Arising Out of PS.Case No. -383 Year- 2017 Thana -PUPRI District- SITAMARHI ====================================================== Abhishek Sharma @ Abhishek Kumar Sharma, Son of Amresh Chaudhary, resident of Village- Bani Behta, Police Station- Pupari in the District of Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pupri P.S. Case No. 383 of 2017 instituted for the offence under Sections 341, 323, 325, 379 and 307/34 of the Indian Penal Code. It has been submitted that both parties are agnates and there is land dispute between them. There is case and counter case between the parties. It has further been submitted that this petitioner has lodged Pupri P.S. Case No. 384 of 2017 against the informant in which the petitioner has sustained injury caused by knife.

In the instant case there is allegation against the petitioner that he along with his son assaulted the informant with iron rod and axe (Kulhari) causing fracture injury in the hand. The

Patna High Court Cr.Misc. No.11170 of 2018 (2) dt.07-03-2018 2/3 injury report of the petitioner in the counter case has been enclosed as Annexure-3. The injury report of the informant has been enclosed as Annexure-4 wherein the Doctor has found fracture injury in his right hand and wrist which was opined to be grievous in nature caused by hard and blunt substance. In this manner, there is case and counter case between the parties and injury has been sustained by both sides. There is no injury on the vital part of the body of the informant. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Pupri P.S. Case No.

383 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.11170 of 2018 (2) dt.07-03-2018 3/3 will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T