Raj Kishor Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54809 of 2021 Arising Out of PS. Case No.-255 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== RAJ KISHOR SHARMA Son of Late Dwarika Singh Resident of VillageDehuni, P.S.- Ghoshi, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under sections 147, 148, 149, 452, 341, 323, 324, 325, 326, 307, 504 of the Indian Penal Code.
The allegation against the petitioner is that he along with other accused persons has indiscriminately assaulted the informant's side by means of various weapons.
Patna High Court CR. MISC. No.54809 of 2021(2) dt.28-06-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and countercase between the parties and both sides have sustained injuries. The injuries are simple in nature. Similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate bench of this court vide order dated 12.04.2022 passed in Cr. Misc. No. 56640 of 2021. The petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is a case and counter-case between the parties and both sides have sustained injuries, 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
Patna High Court CR. MISC. No.54809 of 2021(2) dt.28-06-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghosi P.S. Case No. 255 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/-shikha/- U T