Hari Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75780 of 2023 Arising Out of PS. Case No.-753 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Hari Shankar Sharma S/O Bhrigrashan Sharma Resident Of Village - Majhar, P.S.- Turkauliya, District - East Champaran. 2.

Bhanu Kumar Sharma S/O Gauri Shankar Sharma Resident Of Village - Majhar, P.S.- Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Turkauliya P.S. Case No. 753 of 2022 dated 05.08.2022 registered for the offences punishable u/ss 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have assaulted the informant

Patna High Court CR. MISC. No.75780 of 2023(2) dt.14-12-2023 2/3 with iron rod due to that he sustained injury and fell down. The co-accused Anuj Kumar armed with pistol threatened to kill him and they snatched Rs. 35,000/-.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is case and counter case between the parties. There is general and omnibus allegation against the petitioners. The specific allegation is against the co-accused Diwakar Kumar Sharma and the injury is stated to be grievous in nature. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 753 of 2022, subject to conditions as

Patna High Court CR. MISC. No.75780 of 2023(2) dt.14-12-2023 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T