Baij Nath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17394 of 2018 Arising Out of PS.Case No. -707 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Baij Nath Sharma, aged about 30 years, S/o Raj Nandan Sharma, resident of Near Kabir Math, Wooden Shop, P.S.- Agamkuan, Dist.- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Agam Kuan P.S. Case No. 707 of 2017 for the offence punishable under section 302/34 of the I.P.C.

Allegedly, for demanding labour dues by Sanjay Kumar @ Shankar the petitioner and his father Raj Nandan Sharma started abusing and assaulting Sanjay Kumar and then Raj Nandan Sharma, the father of the petitioner, assaulted Sanjay Kumar with iron falli on his neck causing bleeding and death of Sanjay Kumar.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.17394 of 2018 (2) dt.12-04-2018 2/2 petitioner has got no criminal antecedent, against the petitioner there is no allegation for assaulting the deceased with any weapon, specific allegation is against Raj Nandan Sharma, the father of the petitioner, and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that the petitioner has not given fatal blow and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M, PatnaCity in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T