Surendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64180 of 2021 Arising Out of PS. Case No.-241 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== SURENDRA SHARMA Son of Moti Lal Sharma Resident of Village- Babuan ward no 08, Police Station- Narpataganj (Ghurna), District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was putting a bamboo taati on his land when the named accused persons including the petitioner came variously armed and asked the informant to stop the work and when the same was objected by the informant it is alleged that petitioner assaulted informant on head by an iron rod causing injury and when his wife came to rescue him the petitioner further dragged the wife by holding her hair and disrobed her
Patna High Court CR. MISC. No.64180 of 2021(2) dt.19-07-2022 2/3 and snatched Rs. 5,000/- for informant's pocket along with a golden chain.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case admittedly the dispute occurred on account of land, it is next submitted that no doubt occurrence had taken place. It is further submitted that from the side of the informant also assault was made, it is next submitted that no doubt it is alleged that the assault was on the vital part of the body by an iron but the blow was not repeated nor the informant was assaulted with an intention to kill him, it is next submitted that even the injury report records that the injury on the head is simple in nature, though the injury no. 2 which is on the palm is alleged to be grievous but that it is on the non-vital part of the body. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.64180 of 2021(2) dt.19-07-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Narpataganj (Ghurna) P.S. Case No. 241 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T