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Patna High CourtCR. MISC./79668/2023allowed

Birendra Sharma v. The State Of Bihar

2023-12-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79668 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- DERNI BAZAR District- Saran ====================================================== 1.

Birendra Sharma S/O Bhrosa Sharma Village- Khojauli, Ps. Derni, Dist. Saran 2.

Ravi Sharma S/O Birendra Sharma Village- Khojauli, Ps. Derni, Dist. Saran 3.

Manish Sharma S/O Birendra Sharma Village- Khojauli, Ps. Derni, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aniket Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioners along with other accused persons are that they assaulted the informant's son by means of iron rod due to which he sustained injury on his head.

4. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. Petitioners have got no criminal antecedent mentioned in

Patna High Court CR. MISC. No.79668 of 2023(2) dt.14-12-2023 2/2 Para 3 of the bail application. There is general and omnibus allegation against the petitioners. There is case and counter case between the parties and both sides had sustained injury. Injury is found to be simple in nature which is clear from the impugned order.

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

6. Having regard to the facts and circumstances of the case and also there is admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest, 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 learned Court below where the case is pending/ successor Court in connection with Derni P.S. Case No. 217 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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