Basant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28808 of 2025 Arising Out of PS. Case No.-222 Year-2022 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Basant Sharma S/o Kamleshwari Sharma @ Kamaleshwari Sharma R/o Village- Belwara Den Sharma Tola Ward No. 06, P.S.- Simri, Bakhtiyarpur (Kanariya O.P.) at present P.S.- Kanariya, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 448, 427, 504/34 of the Indian Penal Code.

3. As per the F.I.R., allegation against petitioner is of assault by sharp-edged weapon on the left hand of the informant. It is further alleged that petitioner also tried to tear the blouse of informant with intention to outrage her modesty.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has committed no offence. Petitioner and informant are next-door neighbours and due to old enmity between the parties, this false case has been lodged. Co-accused Nitu Devi, who is sister-in-law of the informant, has lodged Simri Bakhtiyarpur P. S. Case No. 160 of

Patna High Court CR. MISC. No.28808 of 2025(2) dt.15-07-2025 2/2 2022 against Asha Devi and others and co-accused Bechan Sharma has lodged Simri Bakhtiyarpur P. S. Case No. 280 of 2019 against family members of the informant. It is further submitted that injury allegedly caused by this petitioner is simple in nature. Case and counter case. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the backdrop of the case, nature of accusation, simple injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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, Saharsa in connection with Simri Bakhtiyarpur (Kanaiya O.P.) P. S. Case No. 222 of 2022, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T