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2025 DAILYLAW 18573 (PAT)

VIDYA SHARMA v. The State of Bihar

CR. MISC./8363/2025 · 2025-03-06

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8363 of 2025 Arising Out of PS. Case No.-98 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== VIDYA SHARMA S/O LATE NAJIR SHARMA R/O VILL.- KATAIYA, WARD NO 6, P.S. SINGHESHWAR DISTRICT MADHEPURA ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Nafisu Zzoha, Advocate For the State : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 06-03-2025 Heard learned counsels for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. 3. As per prosecution case, informant, namely Ram Kishore Yadav, alleges that on 21.04.2020 all the F.I.R. named accused persons gathered near his house and were exchanging liquor bottles and when he objected, they abused and threatened him. Thereafter, on 22.04.2020, while informant was carrying Rs. 29,000/- to buy bricks, all the accused persons named in the F.I.R., including this petitioner, stopped him and co-accused Mahendra Yadav ordered to kill him upon which co-accused Prabhash Kumar took keys of his motorcycle, co-accused Patna High Court CR. MISC. No.8363 of 2025(2) dt.06-03-2025 2/3 Lambu Sharma snatched Rs. 29,000/- cash from his pocket, co- accused Manish Sharma snatched his gold chain and all the accused persons assaulted informant with lathi and iron rod as a result of which he sustained several injuries. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. As a matter of fact, both parties are co- villagers and due to village politics, this false and concocted case has been lodged. There are general and omnibus allegations of assault and there is no specific accusation of overt act against this petitioner. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount Patna High Court CR. MISC. No.8363 of 2025(2) dt.06-03-2025 3/3 each to the satisfaction of learned C.J.M., Madhepura in connection with Singheshwar P.S. Case No. 98 of 2020, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T