Ramesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63194 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== 1.

RAMESH SHARMA Son of Late Madho Sharma R/V- Madhuwad, P.SHaspura, Dist- Aurangabad (Bihar) 2.

Ramashish Sharma Son of Late Nathuni Sharma R/V- Madhuwad, P.SHaspura, Dist- Aurangabad (Bihar) 3.

Rakesh Sharma Son of Late Ramashish Sharma R/V- Madhuwad, P.SHaspura, Dist- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 324, 307, 504 and 34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits the

Patna High Court CR. MISC. No.63194 of 2022(3) dt.23-01-2023 2/2 petitioners were enjoyed the benefit of Section 41(1) of the Cr.P.C. which has also come in the impugned order. He submits that the injuries found upon the victim is simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that injuries found upon the victim is simple in nature and both parties are agnates, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Haspura P.S. Case No.146/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T