Sharwan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83176 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== Sharwan Kumar S/o Sunil Kumar R/o Village- Abgila, PS- Rampur, Chauram, Distt.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Kumar Verma, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Mr. Dinesh Singh, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rampur Chauram P.S. Case No. 75 of 2024 instituted for the offence under Sections 341, 323, 308, 379, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution is that the informant was plucking mangoes at that time, the petitioner along with others reached there and started assaulting him. The allegation against this petitioner is that he assaulted with iron rod on the forehead of the informant. It is further alleged that he fell down and other co-accused persons assaulted him. Co-accused Sunil
Patna High Court CR. MISC. No.83176 of 2024(2) dt.12-12-2024 2/3 took away the golden chain and Shila Devi took out Rupees two hundred from his pocket.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner submitted that there is also a counter version of this case and in that occurrence, petitioner and others have also received injuries. From perusal of the order of the trial Court, it is clear that informant of this case has received grievous injury and his nasal bone has fractured. From perusal of the FIR, it is clear that the allegation against the petitioner is that he assaulted on the forehead. In any view of the matter, fracture of nasal bone still only attracts Section 325 of the IPC. A statement has been made in para-3 of this petition that the petitioner has got 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
Patna High Court CR. MISC. No.83176 of 2024(2) dt.12-12-2024 3/3 in connection with Rampur Chauram P.S. Case No. 75 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 Additional Chief Judicial Magistrate-I, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) shubham/- U T