Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55837 of 2024 Arising Out of PS. Case No.-167 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== Sunil Sharma, aged about 30 years (Male), son of Shri Ram Sharma, Resident of Village- Mirjapur P.S.- Goreakothi District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Ramchandra Sahni, learned counsel appearing on behalf of the petitioner and Mr. Anil Prasad Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Maharajganj P.S. Case No. 167 of 2021, registered for the offence punishable under Sections 341, 323, 324, 307, 354 379, 504, 506, 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioner along with other accused persons, had assaulted the informant and his mother and had also snatched golden chain from her neck worth Rs. 60,000/-. Specific allegation against the petitioner is that he had assaulted the informant by means of butt of pistol, due to which, he had sustained head injury.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.55837 of 2024(2) dt.31-08-2024 2/2 been implicated in the present case. There is case and counter case between the parties for the same incidence. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the specific allegation against the petitioner is that of he had assaulted the informant by means of butt of pistol, due to which, he had sustained head injury, which is grievous in nature and on the vital part of the body, I am not inclined to enlarge the petitioner on pre-arrest bail.

7. However, the petitioner, if so advised, may surrender before the learned District Court and file regular bail application and the learned District Court is directed to pass a reasoned order same day on the basis of material available on record, in accordance with law.

8. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T