Shivnandan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84068 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- CHHATAPUR District- Supaul ====================================================== 1.
Shivnandan Sharma S/O Domi Sharma Resident of village- Laxmipur, Ward No. 05, Police Station - Chhatapur, Distt.- Supaul. 2.
Vinod Sharma S/O Domi Sharma Resident of village- Laxmipur, Ward No. 05, Police Station - Chhatapur, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 325, 354B, 379, 385, 504 & 506 of the Indian Penal Code.
3. The petitioners in association of other co-accused is said to have assaulted the informant and others and they have also committed other offences in the manner as mentioned in the F.I.R.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that
Patna High Court CR. MISC. No.84068 of 2024(2) dt.16-12-2024 2/3 the informant is not the eye witness of the alleged occurrence rather the alleged occurrence took place in another manner and the informant taking advantage of an old land dispute falsely implicated the whole family members including the female members. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have two criminal antecedents as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chhatapur P.S. Case No. 156 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Considering the facts and circumstances of case as well as the fact that petitioner no.1 is the author of the grievous injury, I am not inclined to enlarge petitioner no.1 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.1 is hereby
Patna High Court CR. MISC. No.84068 of 2024(2) dt.16-12-2024 3/3 rejected.
7. However, the petitioner no.1 is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T