Patna High Court - Orders
Duryodhan Sharma vs The State Of Bihar on 8 August, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35175 of 2019
Arising Out of PS. Case No.-9 Year-2019 Thana- RAGHOPUR District- Supaul
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Duryodhan Sharma, Son of Anup Sharma, Resident of Village - Bhagata Tola
Daulatpur, P.S.- Raghopur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta
For the Opposite Party/s : Mr.Mohammad Sufyan
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 08-08-2019This is an application for grant of anticipatory bail in connection with Raghopur P.S. Case No. 09 of 2019, disclosing offences under Sections 302, 147, 148, 149, 341, 323, 324, 307, 354B, 379, 504 and 506 of the Indian Penal Code.
Allegation as per the F.I.R. is that accused persons seven in numbers started barging the land of the informant and when the husband of the informant protested, the petitioner ordered, on which, Dharmendra Sharma caught hold of the husband of the informant and Tribhuwan Sharma assaulted by Sword, causing injuries and thereafter, Tribhuwan Sharma assaulted by Sword and he become unconscious and there is also allegation on Tribhuwan Sharma and Dharmendra Sharma that they have assaulted her nephew as well as to the informant also and they have damaged the property also. Patna High Court CR. MISC. No.35175 of 2019(3) dt.08-08-2019 2/2 Submission of the learned counsel for the petitioner is that there is case and counter case between the parties and from both sides have received the injuries. So far as this petitioner is concerned, there is nothing against him and there is a land dispute between the parties.
Heard learned A.P.P. also who has opposed the prayer for anticipatory bail.
Having heard both sides, in view of the allegation that petitioner is order giver, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below on the materials available on the record, and if possible, be disposed of on the same day.
With the aforesaid, this application is dismissed.
(Vinod Kumar Sinha, J) Sunil Shukla/-
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