Madan Sharma @ Madan Badhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78525 of 2024 Arising Out of PS. Case No.-169 Year-2020 Thana- SONBERSHA RAJ District- Saharsa ====================================================== 1.

Madan Sharma @ Madan Badhai S/O Late Bambholi Sharma R/O VillageManori, Ward No. 13, P.S- Sonbarsa Raj, Distt.- Saharsa. 2.

Lalita Devi W/O Madan Sharma @ Madan Badhai R/O Village- Manori, Ward No. 13, P.S- Sonbarsa Raj, Distt.- Saharsa. 3.

Pramod Sharma @ Pramod Kumar S/O Madan Sharma @ Madan Badhai R/O Village- Manori, Ward No. 13, P.S- Sonbarsa Raj, Distt.- Saharsa. 4.

Priyanandan Sharma @ Priyanandan Kumar S/O Madan Sharma @ Madan Badhai R/O Village- Manori, Ward No. 13, P.S- Sonbarsa Raj, Distt.- Saharsa.

5.

Surendra Poddar @ Surendra Kumar @ Surendra Kumar Poddar S/O Subodh Poddar R/O Village- Manori, Ward No. 13, P.S- Sonbarsa Raj, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioners and Mr.Mukesh Kumar Singh, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sonbarsa Raj P.S. Case No.169 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The case of the prosecution 'in short' is that the petitioners and the informant both are of same family and there

Patna High Court CR. MISC. No.78525 of 2024(2) dt.29-11-2024 2/3 was a dispute for a piece of wood. It is alleged that Pramod Sharma (petitioner no.3) assaulted with lathi due to which one tooth of the informant's son was broken. There is general and omnibus allegation against other petitioners that they have also assaulted the informant and her family members.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is case and counter case between the parties. Petitioner no. 1 is having one criminal antecedent and in that case he has been acquitted and other petitioners are having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sonbarsa Raj P.S. Case No. 169 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.78525 of 2024(2) dt.29-11-2024 3/3 like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saharsa, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T