Sanjeev Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32603 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- DHANKUND District- Banka ====================================================== 1.
Sanjeev Sharma S/O Late Rameshwar Sharma R/O Village- Bhatuya Chak, PS- Dhankund, District- Banka 2.
Rani Devi W/O Sanjeev Sharma R/O Village- Bhatuya Chak, PSDhankund, District- Banka ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-12-2025 Heard learned counsel for the petitioners and the learned APP for the State.
2. At the outset, learned counsel for the petitioners submits that he shall not be pressing the anticipatory bail application of petitioner no. 1 namely Sanjeev Sharma.
3. The application on behalf of petitioner no. 1 namely Sanjeev Sharma is dismissed as withdrawn. The learned court below shall consider the bail of the petitioner no. 1 on its own merit without being prejudiced by this order on his surrender.
4. The petitioner no. 2 namely Rani Devi seeks bail in anticipation of her arrest in connection with Dhankund P.S. Case
2/4 No. 90 of 2024 instituted for the offences under Sections 191(2), 190, 126(2), 115(2), 117(2), 118(1), 35(2) and 352 of the B.N.S.S.
5. The prosecution case is to the effect that on account of some land dispute it is alleged that the petitioner no. 1 and one Ashok Sharma gave farsa blow on the head of Kamleshwari Tanti and also on his right hand, causing fracture.
6. Learned counsel for the petitioner submits that as far as petitioner no. 2 namely Rani Devi is concerned on plain reading of the FIR it would be evident that there is no specific allegation of overt act against her. It has further been submitted that the FIR was lodged after much delay and the injury sustained by Kamleshwari Tanti is not said to have been caused by petitioner no. 2 namely Rani Devi.
7.
Learned Additional Public Prosecutor has vehemently opposed the prayer of anticipatory bail of the petitioner no. 2.
8. Considering the aforesaid facts and circumstances of the case, the petitioner no. 2 namely Rani Devi is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail
3/4 bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Dhankund P.S. Case No. 90 of 2024, subject to the conditions as laid down under Section 482 of BNSS, 2023, subject to the following conditions:
(i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
4/4
9. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T