Sanjeev Sharma @ Sunil Sharma @ Sunil Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34091 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- DESARI District- Vaishali ====================================================== 1.

SANJEEV SHARMA @ SUNIL SHARMA @ SUNIL KUMAR SHARMA Son of Late Upendra Sharma Resident of Village - Chakeyaj, P.S.- Desri (Sahdei O.P.), District - Vaishali 2.

Raj Kumar Sharma @ Raj Kumar Son of Late Sukhdev Sharma Resident of Village - Chakeyaj, P.S.- Desri (Sahdei O.P.), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 448, 323, 324, 307, 380, 354, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleges that accused persons including the petitioners came and caught his brother and committed loot in the house and even dashed him in the ground, further Raj Kumar fired at his brother but he saved himself, Sanjeev assaulted by a sharp edged weapon causing injury below the eye of the informant and took away Rs. 20,000/- and ornaments

Patna High Court CR. MISC. No.34091 of 2022(2) dt.28-11-2022 2/3 worth Rs. 90,000/-.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that allegation of firing is ornamental as no one was injured by firing. Learned counsel next submits that even injuries suffered by the injured is simple in nature which amply demonstrates that there is no intention on part of the accused persons including the petitioners to commit a serious offence, it is next submitted from the side of the petitioners also SC/ST P.S. Case No. 2 of 2021 has been instituted against the side of the informant, it is further submitted that co-accused Jay Chandra Sharma has been granted anticipatory bail by Order Dated 25.04.2022 in Cr. Misc. No. 50839 of 2021.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.34091 of 2022(2) dt.28-11-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Desari P.S. Case No. 16 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T