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Patna High CourtCR. MISC./69952/2022allowed

Jallu Sharma @ Jalendra Kumar v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69952 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- MAIN P.S. District- Gaya ====================================================== JALLU SHARMA @ JALENDRA KUMAR Son of Pashuram Ram @ Parshuram Sharma R/V- Pai Bigha, P.S- Main, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 353, 341, 323, 324, 427, 307, 504 and 506 of the IPC and sections 25(1b)A/26/27/35 of the Arms Act. Allegation against petitioner is that he along with other accused persons forming an unlawful assembly, in prosecution of their common intention fired upon the police party. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.69952 of 2022(2) dt.30-01-2023 2/2 omnibus in nature. It is submitted that there is no mention of any injury in the present case. Petitioner has no criminal antecedent and two similarly situated co-accused persons have been enlarged on anticipatory bail by this Court vide order dated 17.01.2023, passed in Cr. Misc. No.65979 of 2022. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused persons have been enlarged on bail, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Main (Pai Bigha O.P.) P.S. Case No.67 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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