Granted anticipatory bail to Mahesh Sharma in a criminal case involving assault and criminal intimidation, subject to a bond and conditions, acknowledging an underlying civil land dispute.
Petitioner to be released on bail in the event of arrest or surrender, providing a bail bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7076 of 2023
Arising Out of PS. Case No.-61 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
MAHESH SHARMA Son of Jai Prakash Sharma R/V- Barew, P.S- Muffasil Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma,Adv. For the Opposite Party/s : Mr.Rajendra Singh, APP. Mr. Arvind Kumar Singh, Adv. Mr. Mukul Jee, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 13-04-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 of the Indian Penal Code.
Allegedly, the informant’s younger son i.e. petitioner started constructing house on the share of the informant without his permission and when he objected, petitioner assaulted him by means of Khanti .
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The
Patna High Court CR. MISC. No.7076 of 2023(2) dt.13-04-2023 2/3
allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The petitioner being the youngest son of the informant had filed a partition suit No. 270/19/342/19 pending in the Gaya Civil Court. It is further submitted that the injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and the injury sustained by the victim is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muffasil P.S. Case No. 61 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.7076 of 2023(2) dt.13-04-2023 3/3
However, if petitioner assaults the informant again, the informant would be at liberty to file an application before the learned Court below to cancel the bail bond of the petitioner.
(Anjani Kumar Sharan, J)
divyanshi/- U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving sections 341, 323, 307, and 504 IPC arising from a land dispute.
Whether the quantum of bail bond and conditions for revocation are appropriate in these circumstances.
1 provisions across 1 enactments
Mahesh Sharma
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
