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Patna High CourtCR. MISC./44308/2023allowed

Dhori Sharma @ Pankaj Kumar @ Pankaj Sharma v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44308 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== DHORI SHARMA @ PANKAJ KUMAR @ PANKAJ SHARMA son of Feko Sharma @ Fekan Sharma Village- Tehai Ps- Pasraha Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 324, 326 and 307 of the Indian Penal Code.

3. As per allegation in the F.I.R., while the informant had been selling garlic, onion and other articles on motorcycle at village -Tehai, in the meantime petitioner came and assaulted the informant with danda upon which informant inform his family members on mobile. On getting information when his wife and his brother went to complain at the house of petitioner, petitioner assaulted the informant's brother Chandan Kumar with knife which caused grievous injury at the left armpit.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.44308 of 2023(5) dt.05-12-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due enmity and village politics. There is no repeated knife blow gave to the injured who sustained grievous injury and that is not the vital part of the body. Petitioner is languishing in judicial custody since 21.07.2022.

5. The application for bail is opposed by learned APP for the State and submitted that injury caused to the injured by the petitioner which is grievous in nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Vth, Khagaria in connection with Pasraha P.S. Case No. 113 of 2022. (Sunil Kumar Panwar, J) lata/- U T