Manish Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55179 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Manish Kumar Sharma son of Vinod Sharma Resident of VillageVishambharpur Ailoth @ Bisambharpur Ailoth PS-Musrigharari, DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshay Kumar, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Musarigharari P.S. Case no. 47/2024 registered for offence punishable under Sections 341, 342, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution case is that the petitioner assaulted the brother of informant by means of brick on his face and also snatched money from his pocket.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged has ever taken place. The petitioner has been falsely implicated in this case due to village politics. It is submitted that the allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.55179 of 2024(3) dt.26-09-2024 2/2 The injury report enclosed in the case diary has not supported the prosecution case. In fact, the doctor has opined that the cause of injury is road traffic accident, which is grievous in nature and from the prosecution case, it is clear that the same has not been cause by the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the injury report does not support the prosecution case, 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 to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Musarigharari P.S. Case no. 47/2024, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Suruchi/- U T