Sri Bhagwan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74321 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- PANAPUR District- Saran ====================================================== 1.

Sri Bhagwan Sharma Son of Hiralal Sharma R/O Vill.- Satgora, P.S.- Panapur, Dist.- Saran.

2.

Dhiraj Kumar Sharma Son of Sri Bhagwan Sharma R/O Vill.- Satgora, P.S.- Panapur, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Panday For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they along with other co-accused persons reached at the door of the informant armed with various weapons and assaulted the informant and others resulting in death of the brother of the informant.

4. Learned counsel for the petitioners submits petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.74321 of 2024(2) dt.28-10-2024 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties and both sides have sustained injuries. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Panapur P.S. Case No.33 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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