Baijnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42808 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== BAIJNATH SHARMA, S/o Late Musafir Sharma, R/o village- Nima, P.S.- Kalpa (O.P.), Jehanabad, Distt.- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate Mr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-03-2022 Heard learned counsel for the parties.

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

This application for anticipatory bail arises out of Parasbigha P.S. Case No. 45 of 2021 for the offence punishable under Sections 420/34 of the Indian Penal Code and under Section 7 of the E.C. Act.

In paragraph no.3, it has been stated that the there is no criminal antecedent against the petitioner. It has been submitted that the petitioner has falsely been implicated in this case because of dispute with one Shiv Shankar Kumar.

Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.42808 of 2021(2) dt.23-03-2022 2/2 the prayer for anticipatory bail.

Considered the submissions of the parties.

The petitioner is 74 years old person having no criminal antecedent and there is no chance of his absconding. He is running the P.D.S. shop for the last 45 years. Considering the aforesaid facts, this bail application is allowed.

Accordingly, let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Parasbigha P.S. Case No. 45 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T