Birchan Sharma @ Birchandra Sharma @ Birchandra Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62588 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- BHADAUR District- Patna ====================================================== 1.

BIRCHAN SHARMA @ BIRCHANDRA SHARMA @ BIRCHANDRA MISTRI Son of Late Sukhadev Sharma Resident of Basawanchak, P.S.- Bhadaur, District - Patna.

2.

Dharmendra Kumar Sharma @ Dharmendra Sharma Son of Virchan Sharma Resident of Basawanchak, P.S.- Bhadaur, District - Patna. 3.

Kundan Sharma @ Kundan Kumar Son of Virchan Sharma Resident of Basawanchak, P.S.- Bhadaur, District - Patna. 4.

Nandan Sharma Son of Virchan Sharma Resident of Basawanchak, P.S.- Bhadaur, District - Patna.

5.

Pramod Sharma Son of Late Lal Mohan Sharma Resident of Basawanchak, P.S.- Bhadaur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.1, namely, Birchan Sharma and petition of petitioner no.3, namely, Kundan Sharma.

Permission is accorded.

Accordingly, the petition of petitioner nos.1 and 3 is dismissed as withdrawn.

Heard learned counsel for the petitioners no.2, 4 and 5 and learned APP for the State.

Patna High Court CR. MISC. No.62588 of 2021(3) dt.19-07-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 389, 308 and 504/34 of the Indian Penal Code. It is a case of assault upon the informant, causing injury to him.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that from perusal of the impugned order, it appears that the informant Vishwakarma Sharma sustained injury which is simple in nature. He further submits that both parties are agnates and there is land dispute between the parties. Petitioners have got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Dharmendra Kumar, Nandan Sharma and Pramod Sharma, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Barh, District-Patna in connection with Bhadaur P.S. Case No. 40 of

Patna High Court CR. MISC. No.62588 of 2021(3) dt.19-07-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T