Sikendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84523 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- JADIA District- Supaul ====================================================== Sikendra Sharma S/O Late Domi Sharma R/O Vill.- Fulkaha, Ward no.- 03, P.S- Jadia, Dist.-Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-12-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jadia Police Station Case No. 71 of 2024, disclosing offences under Sections 147, 149, 341, 342, 323, 324, 325, 379, 307, 354(B), 427, 504, 506 of the Indian Penal Code.
3. On 01.05.2024, in the morning, when the informant was in her courtyard, the accused persons came there and started abusing her saying that the water from your hand pump was passing through their wooden tatti (fencing) and on denial by the informant, the accused persons started assaulting the
Patna High Court CR. MISC. No.84523 of 2024(2) dt.19-12-2024 2/3 informant and her family members. It has been alleged that the petitioner assaulted the informant's husband by means of iron rod on his head.
4. Learned counsel for the petitioner submits that both the parties are neighbours having land dispute from the past. Earlier, petitioner also lodged a counter case bearing Jadia P.S. Case No. 181 of 2018 against the informant and others. Learned counsel further submits that the injury caused to the informant's husband i.e. victim is simple in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours having previous land dispute and litigation and the injury caused to the informant's husband is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Jadia Police Station Case No. 71 of 2024,
Patna High Court CR. MISC. No.84523 of 2024(2) dt.19-12-2024 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Guddu/- U T