Anil Sharma @ Karu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77206 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- PALI District- Jehanabad ====================================================== 1.

Anil Sharma @ Karu Sharma Son of Late Raghunandan Sharma, Resident of Village-Bhadsara, Police Station-Pali, District-Jehanabad. 2.

Madan Sharma Son of Parsuram Sharma, Resident of Village-Bhadsara, Police Station-Pali, District-Jehanabad.

3.

Mithilesh Sharma Son of Late Yadu Sharma Resident of Village-Bhadsara, Police Station-Pali, District-Jehanabad.

4.

Dharmendra Kumar Son of Mithilesh Sharma, Resident of Village-Bhadsara, Police Station-Pali, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Pali P.S. Case No. 86 of 2019 for the offence punishable under Sections 341, 323, 307, 354, 379 and 504/34 of the Indian Penal Code.

The allegation is regarding the accused persons having had altercation with the informant and others on account of uprooting of boundary prepared by palm tree leaves, whereafter the accused persons including the petitioners are stated to have

Patna High Court CR. MISC. No.77206 of 2019(3) dt.18-01-2020 2/3 thrashed the informant and her husband, resulting in certain injuries on the person of the informant and others. The learned Senior counsel for the petitioners has submitted that the injury report, filed today by way of a supplementary affidavit, would show that all the injuries are simple in nature. It is further submitted that the present case arises out of a case and counter case. It is also submitted that the petitioners are having a clean antecedent and have been falsely implicated in the present case on account of village enmity and land dispute.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned Senior Counsel for the petitioners as also taking into account the fact that the present case arises out of a case and counter case and the injuries, if any, inflicted upon the informant and her husband, have been found to be simple in nature, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each

Patna High Court CR. MISC. No.77206 of 2019(3) dt.18-01-2020 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Pali P.S. Case No. 86 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T