Laxmi Sharma @ Laxmi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83519 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Laxmi Sharma @ Laxmi Thakur Son Of Late Nageshwar Sharma R/O Village- Naya Tola, Haraji, P.S.- Awatar Nagar, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Awatar Nagar P.S. Case No. 126 of 2023 instituted for the offence under Sections 341, 323, 307 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that when the informant was opening his shop two accused persons, including this petitioner came and assaulted the informant. It is further alleged that petitioner has given knife blow to the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-08-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.83519 of 2023(3) dt.09-04-2024 2/2 counsel that petitioner has been falsely implicated in the present case. It is submitted that parties are agnates. There is delay of 4 days in lodging of the FIR. Learned counsel for the petitioner goes on to submits that it is a case of single blow and petitioner did not try to repeat the blow which is evident from the FIR itself. Police after investigation has submitted charge sheet. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Awatar Nagar P.S. Case No. 126 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T