Azad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71265 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- TARAIYA District- Saran ====================================================== AZAD SHARMA S/o Gaya Sharma Resident of Village- Galimapur, P.S.- Taraiya, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Taraiya P.S. Case No. 169 of 2018 instituted for the offence under Section(s) 341,323, 307, 354, 379, 504 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons having armed with weapon, assaulted the informant and his family members, as a result of which, they received injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegations of tampering of witnesses alleged against the petitioner. The nature of injury is said to be simple in nature. No offence U/S 307 of the Indian Penal Code is made out. Both parties are agnates. It is further highlighted that other similarly situated co-accused persons of the instant case have been granted the privilege of anticipatory bail by co-ordinate Bench of this Court under order dated

Patna High Court CR. MISC. No.71265 of 2019(2) dt.20-11-2019 2/2 05.10.2018 passed in Cr. Misc. No. 49639 of 2018. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the rival submissions of the parties, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-IX, Saran at Chapra, in connection with Taraiya P.S. Case No. 169 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fail to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T