Anuj Kumar Sharma @ Anuj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48223 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- BISHWAMBHARPUR District- Gopalganj ====================================================== ANUJ KUMAR SHARMA @ ANUJ SHARMA Son of Pradeep Sharma Resident of Village- Tola Sipaya, P.S.- Bishambharpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code.

The prosecution case got initiated on the Fardbeyan of Dharmendra Sah, recorded by ASI Brij Nandan Rai Town Police Station on 23.01.2019 at 3.30 PM. at Sadar Hospital, Gopalganj to the effect that the petitioner assaulted with iron rod causing head injury to the Informant and thereafter others also assaulted him. It is also alleged that petitioner snatched Rs.28,610/- and a gold chain from the informant.

It is submitted by learned counsel for the petitioner that there is no accusation of repeating the blow and the injury has

Patna High Court CR. MISC. No.48223 of 2019(2) dt.02-08-2019 2/2 not been found grievous. It is further alleged that at earlier point of time the petitioner's side lodged a criminal case being Bisambharpur P.S. Case No. 4 of 2019 levelling accusation under Sections 341, 323, 427, 379, 506, 34 of the I.P.C. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that there is specific accusation against the petitioner in the FIR.

Considering the injury being not found grievous, the petitioner being a lady and a criminal case lodged by the petitioner's side at earlier point of time, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Gopalganj, in connection with Bishambharpur P.S. Case No.5 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.