Pankaj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37662 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- GANGTA District- Munger ====================================================== Pankaj Sharma Son Of Shankar Sharma R/O Village- Tetaria, P.S.- Gangta, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Gangta P.S. Case No. 89 of 2022 lodged under Sections 341, 323, 307, 504, 34 of the I.P.C.

As per the prosecution case, the scuffling took place between the neighbourers for throwing the dust in front of other's door. In result, injury took place from both the sides. Learned counsel for the petitioner submits that both informant and petitioner's side have filed criminal case against each other which are Annexure-1 and Annexure-2 of the present petition. The dispute took place on petty issue. There is a case

Patna High Court CR. MISC. No.37662 of 2022(2) dt.23-09-2022 2/3 and counter case. Learned counsel further submits that petitioner is in custody since 17.05.2022 having clean antecedent, charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Ms. Sonam Kumari, Judicial Magistrate 1st Class, Munger in connection with Gangta P.S. Case No. 89 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.37662 of 2022(2) dt.23-09-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T