Bhagirath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64678 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Bhagirath Sharma Son of Late Ramchandra Sharma Village- Ashani PsUdwantnagar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Malti Kumari, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Udwantnagar P.S. Case No. 32 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 & 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 67 years.

4. The informant alleges that he was getting his purchased land measured along with Amarjeet on 21.01.2024 when the accused persons including the petitioner came and the

Patna High Court CR. MISC. No.64678 of 2024(2) dt.17-10-2024 2/3 petitioner assaulted his brother by rod causing injury on head.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by informant on account of dispute relating to land. It is also submitted that it has been specifically pleaded at para 8 that the petitioner and the informant are related and having dispute relating to a land. It is next submitted that the date of occurrence is 21.01.2024 and the F.I.R. came to be instituted on 25.01.2024 i.e. after a delay of 4 days without any plausible explanation for the delay. It is also submitted that petitioner is not a criminal and has remained a person with clean antecedent all through his life.

6. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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, are directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Udwantnagar P.S. Case No. 32 of 2024, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.64678 of 2024(2) dt.17-10-2024 3/3 Cr.P.C..

8. Accordingly, the application stands allowed. (Satyavrat Verma, J) annpurna/- U T