Mano Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69241 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== MANO SHARMA S/o LATE NUNULAL SHARMA R/o vill - Haribola, Ward no. 8, P.S. - Kumar Khand, Distt. - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 354B, 379 and other allied sections of the Indian Penal Code.
3. As per the prosecution case, all the FIR named accused persons including this petitioner abused and assaulted the informant and his family members.
4. Learned counsel appearing for the petitioner submits that specific allegation of assault by farsa on the informant is against co-accused Bipin Sharma and Jay Krishna. There is general and omnibus allegation of assault against this petitioner and no specific overt act has been alleged against him. Petitioner can at best be said to be member of the unlawful mob. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.69241 of 2023(2) dt.01-11-2023 2/2
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Madhepura in Kumarkhand Bhatni OP Police Station Case No. 274/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T