Dev Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82803 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- FATEHPUR District- Kishanganj ====================================================== Dev Kumar Sharma, S/o Jageshwar Sharma, R/o Vill -Bairiya, ThanaFatehpur, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the State :

Mr. Raj Kishor Singh, APP for the Informant :

Mr. Amal Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-02-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner, Mr. Raj Kishor Singh, learned APP for the State and Mr. Amal Kumar Sinha, learned counsel for the informant.

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

3. The case of the prosecution is that the petitioner was taking rest at his house. The petitioner along with others came there and started plucking mango. On protest by the informant, they brutally assaulted the informant by iron road and caused injury in his leg. On his alarm, family members came to rescue him then the petitioner along with others also assaulted his family members.

Patna High Court CR. MISC. No.82803 of 2024(3) dt.28-02-2025 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that from perusal of the injury report it transpires that the nature of injury is simple. The petitioner is having no criminal antecedent.

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

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 petitioner is 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, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T