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Patna High CourtCR. MISC./34310/2025bail granted

Rajendra Sharma @ Rajendra Mistri v. The State Of Bihar

2025-06-18Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34310 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.

Rajendra Sharma @ Rajendra Mistri S/o Gopal Mistri Resident of Sakin Kalyanpur PS Jamui Distt- Jamui 2.

Chhotu Kumar @ Chhotu Kumar Sharma S/o Rajendra Sharma @ Rajendra Mistri R/o Sakin- Kalyanpur, P.S. Jamui, Distt. Jamui ... ... Petitioners

Versus

The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Sinha, Advocate.

For the State :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Jamui P.S. Case No. 214 of 2024 dated 10.04.2024, registered for the offences punishable under Sections 447, 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per allegation, the petitioners have caused simple injury on the person of the informant.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, there is land

Patna High Court CR. MISC. No.34310 of 2025(2) dt.18-06-2025 2/3 dispute between the parties and even the alleged injury is simple in nature as per medical opinion. As such, Section 307 of the Indian Penal Code is not made out. He further submits that at most it is a case of simple hurt which is a bailable offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Jamui P.S. Case No. 214 of 20124 subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

Patna High Court CR. MISC. No.34310 of 2025(2) dt.18-06-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) S.Ali/- U T