Anup Sharma @ Appu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37903 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== ANUP SHARMA @ APPU SHARMA Son of Late Ramnath Sharma Resident of Village- Lakhpatia More, P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gopalganj Town P.S. Case no. 235 of 2019 instituted for the offence punishable under Sections 279, 341, 323, 307, 379 and 506/34 of the Indian Penal Code.

As per prosecution story, when the informant was going with her husband by motorcycle, at Lakhpataiya More, one Manoj Sharma and his wife dashed with their vehicle and

Patna High Court CR. MISC. No. 37903 of 2020(3) dt.08-12-2021 2/3 creates a chaos and called their family members and some musclemen. They reached at the place of occurrence, armed with lathi, danda, hammer and country made pistol and started assaulting to the informant and her husband and snatched Rs. 2,00,000/- from them. Later on, husband of the informant died during course of treatment.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. In fact, informant and her husband got injured in a motorcycle accident and the said FIR has been instituted in order to take undue advantage of the situation. Allegations against the petitioner is general and omnibus in nature. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has strongly opposed the prayer of bail and stated that there is specific allegation of assault against the petitioner due to which husband of the informant succumbed to the injuries during treatment. This is not a fit case for granting anticipatory bail to the petitioner.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No. 37903 of 2020(3) dt.08-12-2021 3/3 considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U