Bharat Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38719 of 2020 Arising Out of PS. Case No.-421 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Bharat Sharma Son of Late Seetaram Sharma Resident of Village - Chhota Bangra, Police Station - Sugauli, District- East Champaran, 845456. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Sugauli P.S. case No.421/2020 registered under Sections 147, 149, 341, 323, 324, 307, 504 and 120(B) of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the father of the informant, due to which he sustained injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.38719 of 2020(3) dt.22-11-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. At best, an offence under Section 324 of I.P.C. is made out. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned 14th A.C.J.M., Motihari, East Champaran in connection with Sugauli P.S. case No.421 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T