Rajesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88895 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== 1.
Rajesh Sharma Son of Bisan Sharma @ Bishundeo Sharma Resident of Village- Jhanjhara, PS- Pasraha, District -Khagaria 2.
Sunil Sharma @ Surendra Sharma Son of Bisan Sharma @ Bishundeo Sharma Resident of Village- Jhanjhara, PS- Pasraha, District -Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners submits that petitioner no. 1, namely, Rajesh Sharma has been arrested. Accordingly, he seeks permission to withdraw the bail application on behalf of petitioner no.1.
3. Permission is accorded.
4. Accordingly, the anticipatory bail petition for petitioner no. 1, namely, Rajesh Sharma is dismissed as withdrawn.
5. The petitioner no. 2 apprehend his arrest in connection with Pasraha P.S. Case No. 209 of 2024, instituted
Patna High Court CR. MISC. No.88895 of 2024(2) dt.08-01-2025 2/3 under Sections 126(2), 115(2), 352, 351(2), 109, 3(5) B.N.S.
6. As per the prosecution case, on 18.08.2024 accused persons surrounded the informant and abused the informant and also assaulted by fist and slaps. The petitioner no. 2 assaulted the informant by knife causing injury on head and co-accused Abhishek Kumar assaulted him brutally with Mathia causing injury to him due to which he became senseless.
7. Learned counsel for the petitioner no. 2 submits that petitioner no. 2 is innocent and has falsely been implicated in this case due to previous enmity. The allegation against the petitioner no. 2 is that he assaulted by knife on the head of he informant which is not corroborated by the medical report. The injury of the injured is simple in nature caused by hard and sharp substance. There is one day delay in lodging F.I.R without plausible explanation. Petitioner No. 2 has no criminal antecedent and he undertakes to cooperate in the investigation.
8. Learned A.P.P. for the State opposed the prayer for anticipatory bail.
9. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner no. 2 namely Sunil Sharma @
Patna High Court CR. MISC. No.88895 of 2024(2) dt.08-01-2025 3/3 Surendra Sharma be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria where the case is pending in connection with Pasraha P.S. Case No. 209 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Siwani/- U T