Raj Bahadur Sharma @ Kaju Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25311 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- DURGAWATI DistrictKaimur (Bhabua) ====================================================== Raj Bahadur Sharma @ Kaju Sharma S/o Rampyare Sharma R/o VillageBanarsiya, P.S.- Chakiya, District- Chandauli (U.P.), at present R/o VillageRohuwa, P.S.- Durgawati, District- Kaimur at Bhabua. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Tribhuwan Narayan, Advocate For the State :
Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 341, 323, 307, 379, 324, 188, 504 of the Indian Penal Code registered in connection with Durgawati P.S. Case No. 106 of 2020, G.R. No. 788 of 2020.
3. It is submitted that the petitioner has been falsely implicated in connection with giving knife blow on the stomach of the informant's son causing injury. It is submitted that scuffle
Patna High Court CR. MISC. No.25311 of 2020(3) dt.11-01-2021 2/3 took place in the backdrop of land dispute between the parties and all other accused persons are family members. It is submitted that in any event the injury is simple in nature as stated in paragraph-2 of the supplementary affidavit. The petitioner claims clean antecedents.
4. Learned APP appears and has been heard.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 106 of 2020, G.R. No. 788 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C., if he is not otherwise required in any other case.
6. The provisional bail granted to the petitioner shall be confirmed by the learned Court below within a further period of four weeks after furnishing bail bond that the injury in question as stated in the supplementary injury report is simple in nature; conversely his bail bond shall stand automatically cancelled.
7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made
Patna High Court CR. MISC. No.25311 of 2020(3) dt.11-01-2021 3/3 by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) Ibrar//- U