Jageshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83262 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- FATEHPUR District- Kishanganj ====================================================== 1.

Jageshwar Sharma S/O Late Khublal Sharma Resident of villageBairiya,P.S.- Fatehpur,District- Kishanganj. 2.

Subita Devi @ Shomita Devi wife of Jageshwar Sharma Resident of villageBairiya,P.S.- Fatehpur,District- Kishanganj. 3.

Kanchan Kumar Sharma @ Kanchan Sharma Son of Ganesh Sharma Resident of village- Bairiya,P.S.- Fatehpur,District- Kishanganj. 4.

Janki Devi W/O Ganesh Sharma Resident of village- Bairiya,P.S.- Fatehpur,District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioners and Mr. Nagendra Prasad learned APP for the State.

2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Fatehpur P.S. Case No. 09 of 2024, registered for the offence under Sections 147, 148,149 ,341, 323, 324, 325, 307, 379, 504, 506 of the Indian Penal Code.

3. The case of the prosecution is the petitioners along with other assaulted the informant and his family member while the informant was having rest after plucking mango.

Patna High Court CR. MISC. No.83262 of 2024(2) dt.13-12-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the FIR, it is clear that the nature of allegation against these petitioners is general and omnibus and it is not clear from the FIR as to whom these petitioners have assaulted. From perusal of the injury report it is clear that the informant has received a grievous injury on his right leg. Kamla Devi has also received grievous on his left forearm. As the petitioners are not any specific allegation. The petitioners have no criminal antecedents.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Fatehpur P.S. Case No. 09 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) on each of them with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.83262 of 2024(2) dt.13-12-2024 3/3 Additional Chief Judicial Magistrate-3rd, Kishanganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) krishnakant/- U T