Gajendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78323 of 2023 Arising Out of PS. Case No.-574 Year-2023 Thana- SUPAUL District- Supaul ====================================================== GAJENDRA SHARMA Son of Ramji Sharma R/o vill - Navtol Kariho, ward no. 16, P.S. - Supaul, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354B, 379, 447, 504, 506 and 34 of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation against him is of assaulting Manoj Sharma by means of a knife. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that several accused persons came and assaulted him and his family members. It is further submitted that there is specific allegation of assault against other accused persons also, including the

Patna High Court CR. MISC. No.78323 of 2023(3) dt.27-02-2024 2/3 petitioner. It is next submitted that though against the petitioner it is alleged that he assaulted Manoj Sharma by knife, but then there is no injury report of Manoj Sharma on record. 4.

It is further submitted that this court by order dated 12-1-2024 had called for the injury report of Manoj Sharma from the court of learned CJM, Supaul, but then the same till date has not been received, though injury report of other injured person was sent, which amply demonstrates that Manoj Sharma was not assaulted by the petitioner.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Supaul P.S. Case No. 574 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

However, it is made clear that learned trial court,

Patna High Court CR. MISC. No.78323 of 2023(3) dt.27-02-2024 3/3 before accepting the bail bonds of the petitioner, shall verify whether Manoj Sharma was inflicted with knife injury or not, and in the event if it is found that Manoj Sharma sustained knife injury, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T