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Patna High CourtCR. MISC./79044/2023allowed

Bindeshwari Sharma v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79044 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== 1.

Bindeshwari Sharma S/O Late Puran Sharma Resident Of Belanauwad,Ps. Beldaur, Dist. Khagaria.

2.

Sikendar Sharma S/O Late Puran Sharma Resident Of Belanauwad,Ps. Beldaur, Dist. Khagaria.

3.

Sandeep Kumar @ Tinku Kumar @ Tink Kumar S/O Sikendar Sharma Resident Of Belanauwad,Ps. Beldaur, Dist. Khagaria. 4.

Sanni Kumar @ Sunil Kumar S/O Sikendar Sharma Resident Of Belanauwad,Ps. Beldaur, Dist. Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 427, 447, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

3. As per the prosecution case, all the accused persons including the petitioner are said to have assaulted the informant and her family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case

Patna High Court CR. MISC. No.79044 of 2023(2) dt.12-12-2023 2/2 between the parties and both sides have sustained injuries. He submits that there is admitted land dispute between the parties which is clear from the FIR itself. He further submits that the injuries found upon the victims are simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victims are simple in nature, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Beldaur P.S. Case No.182 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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