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2025 DAILYLAW 91020 (PAT)

Panchu Sharma v. The State of Bihar

CR. MISC./2085/2025 · 2025-02-12

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2085 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- ALOULI District- Khagaria ====================================================== 1. Panchu Sharma S/o Late Ramswarup Sharma R/o Village- Chhoti Simraha, Bahadurpur, P.S.- Alauli, District- Khagaria 2. Sunita Devi @ Gulab Devi W/o Panchu Sharma R/o Village- Chhoti Simraha, Bahadurpur, P.S.- Alauli, District- Khagaria 3. Uttam Kumar S/o Panchu Sharma R/o Village- Chhoti Simraha, Bahadurpur, P.S.- Alauli, District- Khagaria 4. Lalbabu Kumar @ Lalbabu S/o Panchu Sharma R/o Village- Chhoti Simraha, Bahadurpur, P.S.- Alauli, District- Khagaria ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Singh For the Opposite Party/s : Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 12-02-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 110, 351(2), 352, 3, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, while the informant was at his house, co-accused Panchu Sharma came there in drunken condition and started abusing him and on protest, all the accused persons came there with lathi, danda and assaulted the informant and his family members. Patna High Court CR. MISC. No.2085 of 2025(2) dt.12-02-2025 2/2 4. It is submitted on behalf of the petitioners that parties are co-villagers and over a trivial dispute, marpit took place between the parties in which both sides sustained injuries. There is case and counter case. F.I.R. has been lodged after inordinate delay of four days without any explanation which renders the entire prosecution case doubtful. Doctor has found simple injury. Petitioners claim clean antecedent. 5. Learned counsel for the State opposes the prayer for bail. 6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Alauli Police Station Case No. 271 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. shashi/- (Prabhat Kumar Singh, J) U T