Niranjan Sharma @ Niranjan Kumar Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77380 of 2023 Arising Out of PS. Case No.-313 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== 1.
Niranjan Sharma @ Niranjan Kumar Nirala Son Of Basudev Shrma R/O Village- Kolwara, P.S.- Parbatta ( Maraiya), District- Khagaria 2.
Sudha Kumari @ Sudha Devi D/O Nityanand Prasad R/O Village- Kolwara, P.S.- Parbatta ( Maraiya), District- Khagaria 3.
Abhay Sharma @ Abhay Kumar Akela Son Of Bhudeo Sharma R/O VillageKolwara, P.S.- Parbatta ( Maraiya), District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 504/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant's son by means of lathi.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.77380 of 2023(2) dt.07-12-2023 2/2 specific rather general and omnibus in nature. He submits that allegation against petitioner no. 1 is of assaulting the informant's son and the injury was found simple in nature. There is no specific overt act against petitioners no. 2 and 3. He further submits that there is case and counter case between the parties and both sides have sustained injury. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 the learned lower Court where the case is pending/successor Court in connection with Parbatta (Maraiya) P.S. Case No.313 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T