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Patna High CourtCR. MISC./39374/2022allowed

Amma Sharma @ Abhijit Raj v. The State Of Bihar

2022-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39374 of 2022 Arising Out of PS. Case No.-585 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Amma Sharma @ Abhijit Raj S/o Ajay Sharma @ Ajay Kumar R/o villageBalha, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bahadurpur (Fekla OP) P.S. Case no. 585 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 354, 379, 504, 506 of the Indian Penal Code. It is a case of abusing and assaulting to the informant and his wife by means of iron rod, lathi and danda due to which informant sustained head injury.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. It is further submitted that there is a passage dispute between the informant

Patna High Court CR. MISC. No.39374 of 2022(2) dt.01-12-2022 2/2 and petitioner due to which he has been made accused in this case. The injuries sustained by informant is simple in nature and this fact is mentioned in impugned order. There is general and omnibus allegation against the petitioner.

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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bahadurpur (Fekla OP) P.S. Case no. 585 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U