Jitendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38957 of 2021 Arising Out of PS. Case No.-468 Year-2020 Thana- AURANGABAD TOWN District- Aurangabad ====================================================== 1.

Jitendra Sharma S/o Vapindra Mistri R/o village- Tikari, P.S.- Town, District- Aurangabad 2.

Ravi Kumar @ Ravi Sharma S/o Jitendra Sharma R/o village- Tikari, P.S.- Town, District- Aurangabad ... ... Petitioners

Versus

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

For the Petitioner :

Mrs. Rupa Kumari, Advocate For the State :

Mr. Satya Deo Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners apprehend their arrest in connection with Town P.S. Case No. 468 of 2020 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 324, 302 of the Indian Penal Code.

Dispute took place between the prosecution and accused side with regard to some comments made against a lady. Some was protested by the accused side and on that protest they

Patna High Court CR. MISC. No.38957 of 2021(3) dt.09-03-2022 2/2 were attacked by the prosecution side and in that both sides were injured. The deceased also suffered stab wound whereas one Nippu Chaudhary also suffered stab wound. It seems that the accused accused side has exercised its right of private defence and in these circumstances sending the petitioners to jail is not proper.

Considering the facts and circumstances, the present anticipatory bail application is allowed.

Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Town P.S. Case No. 468 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sandeep Kumar, J) Ibrar//- U T