Kaish Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61662 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

Kaish Sharma Son of Sudama Sharma Vill- Ahiyapur Tola, Rampur, P.S. Vijaipur Dist-Gopalganj 2.

Sudama Sharma son of Late Rajvanshi Sharma Vill- Ahiyapur Tola, Rampur, P.S. Vijaipur Dist-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhuresh Singh, Adv For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners submits that in the present case, petitioner no. 2 has been arrested, therefore, the present case has become infructuous for petitioner no. 2 and he is arguing only on behalf of petitioner no. 1

3. The petitioner is apprehending arrest in connection with Vihaipur P.S. Case No. 90 of 2024 lodged on 30.04.2024 for offences punishable under Section 341/323/324/354/447/307/504/509/34 of the Indian Penal Code.

3. As per the prosecution story F.I.R has been lodged against five named accused persons against whom there is an

Patna High Court CR. MISC. No.61662 of 2024(2) dt.11-09-2024 2/2 allegation that they have attacked on the house of the informant and assaulted the informant's husband due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has clean antecedent. He further submits that at the instance of the informant entire family members have been made accused unnecessarily. He submits that both are neighbours and well known to each other.

5. Learned APP for the State opposes the prayer for bail .

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.MXIV, Gopalganj subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U