Binod Sharma @ Vinod Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83616 of 2023 Arising Out of PS. Case No.-284 Year-2019 Thana- AMARPUR District- Banka ====================================================== 1.

BINOD SHARMA @ VINOD SHARMA S/o LATE BHAGWAT SHARMA R/o vill - Mahota, P.O. and P.s. - Amarpur, Distt. - Banka, Bihar 2.

PRAMOD SHARMA S/o LATE BHAGWAT SHARMA R/o vill - Mahota, P.O. and P.s. - Amarpur, Distt. - Banka, Bihar 3.

BIDHAN SHARMA @ KAMAL KUMAR @ VIDHAN KUMAR S/o BINOD SHARMA R/o vill - Mahota, P.O. and P.s. - Amarpur, Distt. - Banka, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Narayan, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

At the very outset, learned counsel for the petitioners seeks permission of this Court to withdraw this application only with regard to petitioner no.1, who has died during the pendency of this application.

3.

Permission is granted.

4.

This application with regard to petitioner no.1 is dismissed as infructuous and now it is being heard on behalf of petitioner nos.2 and 3.

5.

The petitioner nos.2 and 3 apprehend their arrest in a case

Patna High Court CR. MISC. No.83616 of 2023(2) dt.09-01-2024 2/3 registered for the offence punishable u/s 341, 323, 504, 427, 379, 506 and 34 of the IPC.

6.

Allegedly, the F.I.R. named accused persons are said to have indiscriminately assaulted the informant's side. 7.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioners and the specific overt act is against the other coaccused persons. There is case and counter-case between the parties and both sides have sustained injuries. There is also an admitted land dispute between the parties and in the alleged occurrence, both sides have sustained injury. Petitioner no.2 has two criminal antecedent and petitioner no.3 has three criminal antecedent.

8.

Learned APP for the State opposed the prayer for bail. 9.

Having regard to the facts and circumstances of the case, since there is case and counter-case between the parties and both sides have sustained injury, let the above named petitioner nos.2 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six

Patna High Court CR. MISC. No.83616 of 2023(2) dt.09-01-2024 3/3 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 court below where the case is pending/Successor Court in connection with Amarpur P.S. Case No.284 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T