Akhileshwar Sharma @ Akhilesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70810 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- UPHARA District- Aurangabad ====================================================== Akhileshwar Sharma @ Akhilesh Sharma, Son Of Awadh Sharma Resident Of Village- Mahesh Parasi, P.S- Uphara, Dist- Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a senior citizen aged about 65 years and all of a sudden, he has been made a criminal in view of the allegation as alleged in the F.I.R. It is next submitted that the informant alleges that the accused persons including the petitioner came, abused and assaulted him by lathi, stones and bricks. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation is alleged against the petitioner. It is next submitted that there is a case and a counter-case and the parties on

Patna High Court CR. MISC. No.70810 of 2021(3) dt.21-10-2022 2/2 both sides have sustained grievous injury and are related. It is also submitted that there is a land dispute also on account of which, the present occurrence took place. It is next submitted that co-accused Sudhir Sharma and Kamal Nain Sharma have been granted anticipatory bail by order dated 13.07.2022 in Cr. Misc. No.2638 of 2022 and the case of the petitioner is on a much better footing. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Uphara P. S. Case No.27 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T