Patna High Court - Orders
Shashikant Sharma vs The State Of Bihar on 25 February, 2023
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66283 of 2022
Arising Out of PS. Case No.-102 Year-2022 Thana- JAMOBAZAR District- Siwan
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RATIKANT SHARMA S/O Shyam Lal Sharma R/O Village- Jamo Bazar,
P.S- Jamo Bazar, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 66779 of 2022
Arising Out of PS. Case No.-102 Year-2022 Thana- JAMOBAZAR District- Siwan
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SHASHIKANT SHARMA S/O SHYAM LAL SHARMA Resident of village-
Jamo Bazar, P.S.- Jamo Bazar, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 66283 of 2022)
For the Petitioner/s : Mr.Harsh Anuj,Advocate
For the Opposite Party/s : Mrs.Suman Kumari Singh,APP
(In CRIMINAL MISCELLANEOUS No. 66779 of 2022)
For the Petitioner/s : Mr.Harsh Anuj, Advocate
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
3 25-02-2023Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a Patna High Court CR. MISC. No.66283 of 2022(3) dt.25-02-2023 2/3 case registered for the offences punishable under Sections 147, 148, 149, 323, 379, 427, 504 and 506 of the Indian Penal Code and Sections 25(1-b)/26/35 of the Arms Act.
As per the prosecution case, the petitioner namely Ratikant Sharma and other co-accused person exhorted to kill if anyone made protest and they fled away brandishing desi katta. It is further alleged that the petitioner Shashi Kant Sharma also threw a katta near the shop of the informant.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioners whereas the fire armed was recovered from the co-accused persons. The petitioners have got clean antecedent as stated in para 3 of the bail petition.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
Considering the aforesaid facts and circumstances of the case as well as the materials available on record, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/- Patna High Court CR. MISC. No.66283 of 2022(3) dt.25-02-2023 3/3 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of Court concerned, Siwan in connection with Jamo Bazar P.S. Case No. 102 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
The application stands allowed.
(Chandra Prakash Singh, J) Gautam/-
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