Surendra Sharma @ Surendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76493 of 2023 Arising Out of PS. Case No.-171 Year-2020 Thana- ATRI District- Gaya ====================================================== 1.

SURENDRA SHARMA @ SURENDRA THAKUR S/O KISHORI THAKUR RESIDENT OF VILLAGE KOHUHADA, P.S. ATRI, DISTRICT GAYA.

2.

KISHORI THAKUR S/O LATE MOTI THAKUR. RESIDENT OF VILLAGE KOHUHADA, P.S. ATRI, DISTRICT GAYA.

3.

SUDHIR SHARMA @ SUDHIR THAKUR KISHORI THAKUR RESIDENT OF VILLAGE KOHUHADA, P.S. ATRI, DISTRICT GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh,Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Atri P.S. Case No. 171 of 2020 dated 03.06.2020 registered for the offences punishable u/ss 147, 149, 341, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have brutally assaulted the informant due to which, the informant sustained black spot on his hand and ear. Thereafter, when the informant's brother came to rescue him, the accused persons also assaulted the informant's brother due to which he sustained head injury.

Patna High Court CR. MISC. No.76493 of 2023(2) dt.12-12-2023 2/2

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners and the petitioners have no concern with the alleged offence. It is further submitted that all the injuries of the injured are simple in nature. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances as well as the nature of allegation is 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, Gaya in connection with Atri P.S. Case No. 171 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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