Om Prakash Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89990 of 2024 Arising Out of PS. Case No.-358 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1.
Om Prakash Sharma Son of Ram Pravesh Sharma Resident of Village - Govindpur, Police Station - Ghosi in the district of Jehanabad 2.
Raushan Kumar @ Chhotu @ Chhotu Kumar Son of Manoj Sharma Resident of Village - Govindpur, Police Station - Ghosi in the district of Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Sunil Kumar, Advocate For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 352, 351(1), 303(2), 3(5) and 109 of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant had requested the Circle Officer, Modanganj to measure a land for construction of Panchayat Bhawan at Gram Panchayat, Govindpur for which date was fixed on 08.07.2024. It is alleged that on 06.07.2024 at about 4:45 PM, informant was called by one Mantu Sharma of Village- Pitamberpur and when he went there, all the F.I.R. named accused persons, including these
Patna High Court CR. MISC. No.89990 of 2024(2) dt.30-01-2025 2/3 petitioners, started abusing the informant and on protest, all of them assaulted the informant. It is further alleged that they also snatched away gold chain, locket and cash of Rs. 6,000/- from the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. As a matter of fact, during measurement of the land in question, a scuffle took place between the parties. Allegation of assault is general and omnibus. Rest of the allegations are ornamental in order to make the case grievous. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.89990 of 2024(2) dt.30-01-2025 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 358 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T