Sanjeev Sharma @ Gorka v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49035 of 2015 Arising Out of PS.Case No. -119 Year- 2015 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Sanjeev Sharma @ Gorka Son of Sri Upendra Sharma Resident of Village - Garhsisai, P.S. - Vidyapati Nagar District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rajendra Ram, son of Heman Ram, Resident of Village - Garhsisai, P.S. - Vidyapati Nagar District - Samastipur.

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

For the Petitioner/s : Mr. Abhay Kumar Jha For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-11-2015 Heard the Counsel for the petitioner and the Special P.P. for the State.

Petitioner is facing prosecution under sections 341, 323, 504 and 506 of the Indian Penal Code vide Vidyapati Nagar P.S. Case No. 119 of 2015.

The allegation is that he was abused left and right taking name of his caste and was also assaulted while he was passing through darwaja of the accused. It has been submitted that the case has been lodged at the behest of the Officer-in-charge against whom the brother of the petitioner has lodged a complaint. Counsel for the State has pointed out that in course of investigation, the witnesses have supported the case inasmuch charge-sheet has been submitted against the petitioner.

Patna High Court Cr.Misc. No.49035 of 2015 (2) dt.03-11-2015 2/2 Considering the allegation and the materials as reflected from the impugned order, the prayer for anticipatory bail is refused. Petitioner may surrender and seek bail. In that event, the Court below shall consider the same on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) Pankaj/- U T