Patna High CourtCR. MISC./60832/2024partly allowed disposal

Abhimanyu Sharma v. The State Of Bihar

2024-08-23Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60832 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Abhimanyu Sharma S/O Yogendra Sharma R/O Village- Bhawanipur, Ward No.- 07, P.S- Singheshwar, District- Madhepura. 2.

Yogendra Sharma S/O Late Sukhdeo Sharma R/O Village- Bhawanipur, Ward No.- 07, P.S- Singheshwar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Rashmi, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-08-2024 Learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner no.2 Yogendra Sharma as he has been arrested.

2. Permission is accorded.

3. Accordingly, the application with respect to petitioner no.2 Yogendra Sharma is dismissed as withdrawn.

4. Heard learned counsel for petitioner no.1 and learned A.P.P. for the State.

5. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No.330 of 2023 instituted under Sections 341, 323, 324, 307, 384, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.60832 of 2024(2) dt.23-08-2024 2/3

6. As per the prosecution case, on the date of alleged occurrence the FIR named accused persons including this petitioner variously armed came at the field of informant and started abusing and assaulting him and his family members due to land dispute.

7. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no specific role attributed to the petitioner. The specific allegation is made against other co-accused persons. There is case and counter-case between the parties. Petitioner has no criminal antecedent. He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 20.07.2024 passed in Cr.Misc.No.43003 of 2024.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

9. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, petitioner no.1 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 learned C.J.M., Madhepura in

Patna High Court CR. MISC. No.60832 of 2024(2) dt.23-08-2024 3/3 connection with Singheshwar P.S. Case No. 330 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T