Shushant Kumar @ Shusant Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71885 of 2021 Arising Out of PS. Case No.-563 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== RAMESH SHARMA@ RAMESH PRASAD SHARMA Son of Late Lalhari Sharma Resident of Narhan Kothi Ramdhanpur, Nai Gowam, P.S.- Kotwali, District- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72018 of 2021 Arising Out of PS. Case No.-563 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== SHUSHANT KUMAR @ SHUSANT SHANKAR Son of Sushil Sharma Resident of Village - Nai Godam, P.S.- Kotwali, Distt.- Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kotwali P.S. Case no. 563 of 2021 instituted for the offence punishable under Sections 448, 341, 323, 307, 379, 354(A), 427 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.71885 of 2021(2) dt.20-07-2022 2/3 As per allegation in the FIR, several accused persons including the petitioners have assaulted the informant with a common intention to kill him. When his wife and son came there for rescue him, they were also beaten up as a result of which son of the informant sustained head injury. They were also snatched gold ornaments from the wife of the informant. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is case and counter case. Both parties have sustained injury. Injury received by the informant's son is caused by hard and blunt substance and simple in nature. They have got no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kotwali P.S. Case no. 563 of 2021, they will be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.71885 of 2021(2) dt.20-07-2022 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U