Dharmendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34758 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

DHARMENDRA KUMAR SHARMA S/o Nandan Sharma Resident of Village-Tenduni, P.O-Jagdispur, District-Bhojpur. 2.

Dev Kumar Sharma S/o Rampati Sharma, Resident of Village-Tenduni, P.OJagdishpur, District-Bhojpur. 3.

Sikendra Sharma S/o Dev Kumar Sharma Resident of Village-Tenduni, P.OJagdishpur, District-Bhojpur. 4.

Harihar Sah @ Hari Sah S/o Late Saryu Sah, Resident of Village-Tenduni, P.O-Jagdishpur, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

It has been submitted on behalf of the petitioners that the petitioner no. 4 namely Dev Kumar Sharma has been arrested, therefore, this application has become infructuous against petitioner no. 4.

Accordingly, this application is dismissed as infructuous against petitioner no. 4.

The petitioner is apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504, 34 of the Indian Penal Code.

Allegation against the petitioner alongwith other

Patna High Court CR. MISC. No.34758 of 2020(3) dt.29-01-2021 2/2 accused persons is of assaulting the informant and his family members with lathi-danda and iron rod.

Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and there is no specific overt act against the petitioner. The petitioner has no criminal antecedent.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner no. 2, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-5, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 58of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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