Deepak Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62706 of 2019 Arising Out of PS. Case No.-224 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== DEEPAK SHARMA S/o Jang Bahadur Sharma R/o village- Mujiya, P.S.- Kudra, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Pandey, Advocate, For the informant :

Mr. Kumar Sunil, Advocate, For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kudra P.S. Case no. 224 of 2019, registered under Sections 323, 341, 307, 504 and 506/34 of the Indian Penal Code.

The accusation is that in the evening of 10.07.2019, Vinod Sharma, brother of the informant, was returning to his house. In the way, Bihari Sharma, in drunken state stopped him and started to abuse. At that time, Bihari Sharma and four others named in the F.I.R., including the petitioner, having lathi and Bhaluha in their hands made attempt to cause assault. At that time, Dipak Sharma (Petitioner) gave Bhaluha blow at the head of Vinod Sharma.

Patna High Court CR. MISC. No.62706 of 2019(2) dt.21-10-2019 2/2 When mother of the informant rushed to save then she also sustained injury and fell down. At that time, all the accused entered in the house of informant and caused injury and took away cash of Rs. 10,000/- and clothes of informant. Learned counsel for the petitioner submits that specific allegation against the petitioner is to cause injury at the head of brother of informant, which is simple in nature. The petitioner has no criminal antecedent.

On the other hand, learned counsel appearing on behalf of informant submits that the petitioner caused injuries at the vital part of the person of brother of informant. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabua Kaimur in connection with Kudra P.S. Case No. 224 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T