Allowed

Anjani Sharma @ Anjani Kumar Sharma v. the State of Bihar

Patna HC30 Jan 2024CR. MISC./46083/2023

Case brief

AI extract

What is this about?

Nine petitioners sought anticipatory bail in a case alleging house trespass, assault, disrobing of the informant's wife and theft. Considering the simple nature of injuries, criminal antecedents and circumstances, the Patna High Court granted anticipatory bail to all petitioners with conditions.

What did the court decide?

Petitioners to be released on anticipatory bail on bond of Rs.25,000 each with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions, within six weeks.

Anjani Sharma @ Anjani Kumar Sharma Vs the State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46083 of 2023

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Arising Out of PS. Case No.-86 Year-2023 Thana- TAJPUR District- Samastipur

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======================================================

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ANJANI SHARMA @ ANJANI KUMAR SHARMA SON OF LATE BAIJNATH SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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MANOJ KUMAR SHARMA SON OF LATE BAIJNATH SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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MUKESH SHARMA SON OF DINESH PRASAD SHARMA @ DINESH SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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DINESH SHARMA SON OF LATE RAMYAD SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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ANUPAM SHARMA @ RAHUL @ RAHUL RANJAN @ ANUPAM SON OF KUMAR RAJ SHEKHAR @ RAJ SHEKHAR SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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AMAN KUMAR SON OF RAJ SHEKHAR SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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SATYAM KUMAR @ SATYAM KUMAR SHARMA @ SATYAM SON OF KUMAR RAJ SHEKHAR @ RAJ SHEKHAR SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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AVINAV KUMAR @ GOLU SON OF MANOJ SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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RENU KUMARI WIFE OF MANOJ KUMAR SHARMA RESIDENT OF VILLAGE - KESHO NARAYANPUR (HALAI O.P), POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR

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... ... Petitioner/s Versus THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar, Adv For the State : Mr. Binod Kumar No.3, APP For the Informant : Mr. Pandey Sanjay Sahay, Adv Mr. Rajesh Ranjan, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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Patna High Court CR. MISC. No.46083 of 2023(4) dt.30-01-2024 2/3

ORAL ORDER

4 30-01-2024

Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 447, 448, 341, 323, 307, 379, 380, 354B, 427, 504, 506 of the Indian Penal Code.

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Allegedly, the petitioners and other co-accused persons entered the house of the informant and assaulted him. When the wife of the informant came to rescue him, the petitioners tore her clothes and took Rs.50,000/- cash and other ornaments from a box.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the bail application of the petitioners was rejected by the learned Court below only on the ground that the informant is a senior citizen. He submits that the injuries are of simple nature. Petitioner nos.1, 6, 8 and 9 have no criminal antecedent whereas the petitioner nos.2, 3, 4, 5 and 7 have one criminal antecedent.

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Learned APP for the State as well as learned counsel

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Patna High Court CR. MISC. No.46083 of 2023(4) dt.30-01-2024 3/3

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for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the accused persons have brutally assaulted the son of the informant for which Tajpur P.S. Case No.85 of 2023 has been lodged on 16.02.2023 by the informant’s side.

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Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioners, be released on bail, in the event of their 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) each 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 Tajpur (Halai O.P.) P.S. Case No.86 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Anjani Sharma @ Anjani Kumar Sharma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Anjani Sharma @ Anjani Kumar Sharma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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