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Patna High CourtCR. MISC./34691/2022allowed

Pahari Sharma v. The State Of Bihar

2022-09-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34691 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

PAHARI SHARMA SON OF LATE SURAJ SHARMA R/O- ALIGANJ BYELANE, P.S.- BABARGANJ, DIST.- BHAGALPUR 2.

GOUTAM SHARMA SON OF LATE SURAJ SHARMA R/O- ALIGANJ BYELANE, P.S.- BABARGANJ, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tarun Prasad Mandal For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 307/34 of the Indian Penal Code.

Allegedly, the petitioners entered into the house of the informant and assaulted her and her family members due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.34691 of 2022(2) dt.27-09-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no motive mentioned in the F.I.R. regarding the alleged occurrence. The injuries are simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Mojahidpur (Babarganj) P.S. Case No.17 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T