Sanjay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60881 of 2024 Arising Out of PS. Case No.-114 Year-2024 Thana- ROHTAS District- Rohtas ====================================================== 1.
Sanjay Sharma Son of Late Kanhai Sharma R/V-Village - Akbarpur, P.S. -Rohtas, District - Rohtas 2.
Sitara Devi Wife of Sanjay Sharma R/V-Village - Akbarpur, P.S. -Rohtas, District - Rohtas 3.
Anurag kumar Son of Sanjay Sharma R/V-Village - Akbarpur, P.S. -Rohtas, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shreya, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2024 Heard Ms. Shreya, learned counsel for the petitioner and the State.
2. The petitioners are apprehending their arrest in connection with Rohtas P.S. Case No. 114 of 2024 for the offence under Sections 341, 323, 324, 379, 504, 506, 307 and 34 of the I.P.C. lodged on 27.03.2024 by the informant, Rajendra Sharma.
3. As per the prosecution story, the informant alleged that his son is mentally weak and due to the use of cracker, scuffle took place, the administration came and pacified the matter but again on the day when the procession was there due
Patna High Court CR. MISC. No.60881 of 2024(2) dt.11-09-2024 2/3 to Holi, these petitioners assaulted Deepak Kumar Vishkarma and Baman Vishkarma. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that due to local dispute, they have been implicated, the injury has been found to simple in nature (the injury report is part of the record as Annexure-2)
5. Learned APP opposes the prayer stating that due to minor issue, the assault took place.
6. Taking into account the aforesaid facts, the submission put forward by the parties as also that the injury has been found to be simple in nature, the petitioners do not have any criminal antecedent and one of the petitioner is a lady, this Court is inclined to extend them privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Dehri in connection with Rohtas P.S. Case No. 114 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family
Patna High Court CR. MISC. No.60881 of 2024(2) dt.11-09-2024 3/3 member/relative of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T