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Patna High CourtCR. MISC./35485/2023allowed

Nirranjan Sharma @ Niranjan Kumar v. The State Of Bihar

2023-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35485 of 2023 Arising Out of PS. Case No.-507 Year-2022 Thana- KONCH District- Gaya ====================================================== NIRRANJAN SHARMA @ NIRANJAN KUMAR SON OF RAMASHISH SHARMA@ RAMASHISH SINGH RESIDENT OF VILLAGETANKUPPA, PS- KONCH, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 353, 337, 427, 332 and 504 of the Indian Penal Code, Section 25(1-b)a, 26 and 35 of the Arms Act and Section 37(2) of the Bihar Excise Act.

3. Allegedly, on the basis of secret information, when the informant along with other police officials reached at the alleged dancing programme, all the accused persons were found in drunken condition having a pistol. After arriving there, when the police party tried to apprehend the accused persons, the said mob became aggressive and attacked on the police due to which several police personnel sustained injuries.

4. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.35485 of 2023(2) dt.27-07-2023 2/2 is quite innocent and has committed no offence. Petitioner was not arrested from the spot. Nothing has been recovered from their possession. All the allegations levelled against the petitioner is general and omnibus. Injuries sustained by the police personnel were found simple in nature. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 22.05.2023 passed in Cr. Misc. No. 25422 of 2023. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail. 6.. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Konch P.S. Case No. 507 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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