Subodh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4294 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -RAJAUN District- BANKA ====================================================== Subodh Sharma, son of Udho Sharma, resident of Village-Parghari, P.S.- Rajoun, District-Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Rajoun P.S.Case No. 209 of 2016 registered for the offences punishable under Sections 379, 376 and 511 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is land dispute between the parties and they are heirs of common ancestor and earlier also case had been lodged with the same allegation in the year 2007 but that case was dismissed and later on the present case has been filed, which shows false implication of the petitioner.

Heard learned APP also, who has opposed the prayer on the ground that there is specific allegation against the petitioner

Patna High Court Cr.Misc. No.4294 of 2017 (2) dt.10-02-2017 2/2 and the earlier complaint case was dismissed for non-compliance of the order.

Having heard both sides and considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. He may surrender and pray for regular bail in the court below, which shall be considered on the basis of submissions and the materials available on record and disposed of preferably on the same the bail application is filed, without being prejudiced by this order.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U