Parmanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36883 of 2022 Arising Out of PS. Case No.-146 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Parmanand Sharma S/O Sakaldeep Sharma Resident Of Village- Murhan, P.S.- Goradih, District- Bhagalpur.

2.

Changuri Sharma S/O Shiv Charan Sahrma Resident Of Village- Murhan, P.S.- Goradih, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sabour (Goradih) P.S. Case no. 146 of 2021 instituted for the offence under Sections 341, 323, 353, 354, 447, 504, 506, 120(B) of the Indian Penal Code.

It is a case of creating hindrance and obstructing the police officials in discharging of their official duties. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that there is no any specific allegation nor any

Patna High Court CR. MISC. No.36883 of 2022(2) dt.29-11-2022 2/2 overt act alleged against the petitioners. There is no accusation of repeating the blow. There is general and omnibus allegation against the petitioners. A statement has been made in para 3 of the petition that petitioners have got no antecedent. Similarly situated co-accused persons are granted anticipatory bail by this court vide order dated 19.09.2022 in Cr. Misc. 17639 of 2022. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sabour (Goradih) P.S. Case no.146 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T