Chandan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87380 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- Rampur Chauram District- Arwal ====================================================== Chandan Sharma S/O Randhir Sharma R/O Village- Ankopur, P.S- Rampur Chauram, Distt.- Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2025
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Rampur Chauram P.S. Case No. 73 of 2024, disclosing offences under Sections 341, 323, 307, 379/34 of the Indian Penal Code.
3. As per the F.I.R, on 04.06.2024, while the informant was sitting at this door, a car stopped in front of the gate of the informant and petitioner got out from the car and put revolver on informant's head and started beating him. Thereafter co-accused persons threatened and assaulted the informant and the co-accused Munmun Kumar assaulted upon the head of the informant by iron rod and Chunmun Sharma assaulted on the foot of the informant by iron rod.
Patna High Court CR. MISC. No.87380 of 2024(2) dt.21-01-2025 2/3
4. Learned counsel for the petitioner submits that petitioner and all the accused persons are co-villager and there is previous enmity between both the parties inasmuch as Rampur Chauram P.S. Case No. 71 of 2024 was filed by the side of the petitioner against the side of the informant and the present FIR has been lodged as counter blast to the FIR lodged by the side of the petitioner. He further submits that there is no specific allegation of assault against the petitioner. Petitioner has criminal antecedent of two cases and both cases were filed by the same informant. The injury caused to the informant is simple in nature.
5. Regards being had to the submission advanced on behalf of the parties and taking into consideration that fact that both the parties are co-villagers having previous dispute and there is no specific allegation of assault against the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.87380 of 2024(2) dt.21-01-2025 3/3 Jehanabad in connection with Chauram P.S. Case No. 73 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Suruchi/- U T