Alok Kumar Sharma @ Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68693 of 2021 Arising Out of PS. Case No.-211 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== Alok Kumar Sharma @ Alok Kumar Son of Late Ramrup Sharma Resident of Village - Adarsh Nagar, P.S.- Sultanganj, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2022 Heard.

The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 211 of 2021, registered for the offence punishable under sections 147, 452, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having arrived at the house of the informant, where-after the petitioner and one co-accused person namely Anita Kumari are stated to have dragged the mother of the informant to their house where they had lit small pieces of cloth and thrown the same on the body of the mother of the informant causing injury to her.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.68693 of 2021(2) dt.05-05-2022 2/3 present case, is having a clean antecedent and is languishing in custody since 19.09.2021. The learned counsel for the petitioner has further submitted that the impugned order dated 3.11.2021, more particularly last paragraph thereof, would show that the single injury sustained by the mother of the informant on her leg has been found to be simple in nature. It is submitted that on account of land dispute and the case being filed by the wife of the petitioner earlier against the informant and others, the present FIR has been lodged and the petitioner has been falsely implicated.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the single injury, if any found on the leg of the mother of the informant, has been found to be simple in nature apart from considering the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.68693 of 2021(2) dt.05-05-2022 3/3 with two sureties of the like amount each to the satisfaction of the learned court of A.C.J.M.-1, Bhagalpur in connection with Sultanganj P.S. Case No. 211 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T