Lakhan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49722 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== LAKHAN SHARMA Son of Kamakhya Sharma @ Kamakhya Narayan Sharma Resident of Village - Risaura (Tiwari Tola), P.S.- Maharajganj, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 342, 324, 307, 504 & 506/34 of the Indian Penal Code. While the informant was going to purchase medicine all the named accused persons including this petitioner is said to have stopped him and assaulted him with fists, slaps

Patna High Court CR. MISC. No.49722 of 2021(2) dt.29-04-2022 2/2 and knife. Co-accused Kundan Sharma inflicted knife blow on his stomach but it hit near the eye.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature, rather the specific allegation of overt act is against co-accused, Kundan Sharma. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Maharajganj P.S. Case No. 128 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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