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Patna High CourtCR. MISC./49389/2022allowed

Ram Kirpal Sharma v. The State Of Bihar

2022-12-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49389 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== RAM KIRPAL SHARMA SON OF LATE TAPSI SHARMA R/O VILLAGEBHISHUNPUR, P.S.- GHOSHI, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Prashant For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 452, 341, 323, 324, 325, 326, 307, 504, 34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. There is a case and counter-case between the parties.

Patna High Court CR. MISC. No.49389 of 2022(2) dt.08-12-2022 2/2 Though their prayer for bail was rejected by the learned court below on the basis that the injuries have been inflicted on the vital part of the body but the same are simple in nature. 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, as the parties are agnates and there is a land dispute between them, 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 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghoshi P.S. Case No.20 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T