Narain Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44137 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- KADWA District- Katihar ====================================================== 1.

Narain Sharma Son of Radha Prasad Sharma R/O Kanta, P.S.- Kadwa, Dist.- Katihar 2.

Shivam Kumar Sharma Son of Jagdish Sharma R/O Hare Rampur Jalla, P.S.- Kadwa, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, namely, Narain Sharma.

3. Permission is accorded.

4. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 326, 307, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is friend of Narain came to be implicated by the informant, who is mother

Patna High Court CR. MISC. No.44137 of 2024(2) dt.07-08-2024 2/3 of Narain Sharma and alleges that Narain Sharma after consuming liquor had come to the house along with the petitioner and started demanding Rs.2 lacs and also abused his father, when he denied. Further, Narain Sharma also tried to strangulate his father but he was rescued on intervention of the informant. It is also alleged that her son assaulted his father by bamboo stick, causing serious injury and thus he was under treatment. The learned counsel submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the thrust of the allegation is against Narain Sharma and the petitioner came to be implicated as he is friend of Narain Sharma but then no allegation is alleged against him.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner Shivam Kumar Sharma, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kadwa P.S. Case

Patna High Court CR. MISC. No.44137 of 2024(2) dt.07-08-2024 3/3 No.184/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T