Nandlal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51443 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Nandlal Sharma Son of Late Kishundeo Sharma Resident Of VillageManpur, P.S.- Maharajganj, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Maharajganj P.S. Case No. 177 of 2024 dated 08.05.2024, lodged under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 7 named accused persons including the present petitioner. The allegation against the present petitioner is that he has assaulted the informant on his head by sword due to which, informant sustained injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the contents of the FIR, it become crystal
Patna High Court CR. MISC. No.51443 of 2024(2) dt.21-08-2024 2/3 clear that dispute was due to the measurement of the land. Counsel further submits that both the petitioner's side and informant's side are resident of same village and for the said date and place of occurrence, there is case and counter case has been filed i.e. one case has been lodged from the petitioner's side bearing Maharajganj P.S. Case No.176 of 2024 and one case has been lodged from the informant's side bearing Maharajganj P.S. Case No.177 of 2024. Counsel further submits that Annexure-P/2 is the injury report and from the said injury report, it transpires that the injury has been caused by hard and blunt object and said injury is simple in nature. Counsel also submits that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is case and counter case for the alleged date and place of occurrence and the injury caused is simple in nature.
6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional
Patna High Court CR. MISC. No.51443 of 2024(2) dt.21-08-2024 3/3 Chief Judicial Magistrate-VI, Siwan in connection with Maharajganj P.S. Case No. 177 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T