Munna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39492 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

MUNNA SHARMA Son of Late Gopal Sharma Resident of village - Takia, ward no. 11, P.s. - Sasaram (T), Distt. - Rohtas (Bihar) 2.

Vijay Sharma Son of Triveni Sharma Resident of village - Jagarnathpur, P.S. - Jamo Bazar, Distt. - Siwan 3.

Chhotu Sharma Son of Vijay Sharma Resident of village - Jagarnathpur, P.S. - Jamo Bazar, Distt. - Siwan 4.

Prakash Sharma Son of Vijay Sharma Resident of village - Jagarnathpur, P.S. - Jamo Bazar, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code.

3.

Allegedly, the petitioners and other co-accused persons went to the shop of the informant and assaulted the informant due to which he sustained injuries.

4.

It is submitted by learned counsel for the petitioners that 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

Patna High Court CR. MISC. No.39492 of 2023(2) dt.08-08-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the specific allegation is against co-accused Sonu Sharma to assault the informant by iron rod. He further submits that the injuries sustained by the informant is of simple nature. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, 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 connection with Sasaram (T) P.S. Case No.311 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T