Shankar Sharma @ Shankar Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46780 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Anandpur OP District- Banka ====================================================== 1.

Shankar Sharma @ Shankar Rana S/o Newaji @ Newaji Sharma R/o Village-Ranadih, P.S.-Anandpur, District-Banka 2.

Sokindar Sharma @ Sachchidanand Sharma S/o Late Amir Sharma R/o Village-Ranadih, P.S.-Anandpur, District-Banka 3.

Sintu Yadav @ Sentu Yadav S/o Khiro Yadav R/o Village-Satighat, P.S.- Anandpur, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-07-2024 Heard learned counsel for the parties.

2. The petitioners seek regular bail, who is in custody in connection with Anandpur P.S. Case No. 2 of 2024 registered for the offences punishable under Sections 353, 335, 427, 332, 333 and 34 of the Indian Penal Code.

3. Allegedly the petitioners along with other co-accused persons set on fire a JCB and one tractor. When the informant and home guard tried to prevent the vehicles from fire by firefighting vehicle the petitioners and co-accused persons also set on fire the firefighting vehicles. There is also allegation that the co-accused persons assaulted the informant and other home guards.

Patna High Court CR. MISC. No.46780 of 2024(2) dt.10-07-2024 2/3

4. Learned advocate for the petitioners contended that the names of the petitioners have been implicated in this case on the basis of CCTV footage. However, it has not been alleged that as to what role the petitioners have played. Moreover, the FIR has been instituted against twelve named and fifteen unknown persons who were making protest on the death of a child on account of the negligence of the State officials. It is also contention of the petitioners that only because the petitioners being the residents of the locality their names have been impleaded in this case. That apart the petitioners have clean antecedent and are in custody since 06.04.2024.

5. On the other hand, learned counsel for the State opposed the bail application and submits that three vehicles have been set on fire causing huge loss to the government as well as the private persons.

6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegations and the fact that the prosecution has not disclosed what role the petitioners have played in the incident coupled with their fair antecedents, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.46780 of 2024(2) dt.10-07-2024 3/3 satisfaction of the learned C.J.M, Banka in connection with Anandpur P.S. Case No. 2 of 2024.

(Harish Kumar, J) Prakash/- U