Ramashankar Prasad Sharma @ Karu Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70690 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- SARE District- Nalanda ====================================================== Ramashankar Prasad Sharma @ Karu Sardar Son of Late Lakhan Prasad Sharma, Resident of Village - Sare, P.s. Sare, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur, Advocate :

Mrs. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

3. As per the prosecution case, petitioner is said to have assaulted the informant by means of lathi in the stomach and also fired upon him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has left his land by the side of his house which is a private land of the petitioner and the present informant who is neighbour has tried to forcibly

Patna High Court CR. MISC. No.70690 of 2023(2) dt.22-11-2023 2/2 capture the said vacant lane which is situated on the raiyati land of the petitioner. He submits that no person was injured from the firing only empty cartridge was deposited before the police by the informant. He further submits that there is land dispute between the parties. He submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is admitted land dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Sare P.S. Case No.134 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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