Allowed

Pawan Sharma @ Pawan Kumar Sharma v. The State of Bihar

Patna HC24 Jan 2024CR. MISC./84213/2023

Case brief

AI extract

What is this about?

This interlocutory order grants anticipatory bail to the petitioner in a case involving assault and attempted murder charges. The court considers the nature of injuries and bail grants to co-accused before ordering release pending registration of documents.

What did the court decide?

Petitioner released on anticipatory bail subject to bond of Rs. 10,000 with two sureties of similar amount and family member as one surety.

Pawan Sharma @ Pawan Kumar Sharma Vs The State of Bihar — Bail and Remand | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 84213 of 2023

¶2

Arising Out of PS. Case No.-212 Year-2022 Thana- KALUAHI District- Madhubani

¶3

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

¶4

PAWAN SHARMA @ PAWAN KUMAR SHARMA Son of Ramsevak Sharma R/o Malmal South (According to Adhar Card Malmal Pashchami), P.s. - Kaluahi, Distt. - Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha For the Opposite Party/s : Mr.Rabindra Kumar ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶10

2 24-01-2024

¶11

Heard Mr. Ratnakar Jha, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

¶12

The petitioner apprehends his arrest in connection with G.R. No. 1886 of 2022 arising out of Kaluahi P.S. Case No. 212 of 2022, registered for the offences punishable under Sections 143, 341, 323, 307 of the Indian Penal Code.

¶13

The allegation against the petitioner and other coaccused persons is of assault to the informant and his family members resulting into serious injuries.

¶14

It is submitted on behalf of the petitioner that the allegation against the petitioner and others is that they have assaulted Ramanand Sharma. However, from the injury report it

¶15

Patna High Court CR. MISC. No. 84213 of 2023(2) dt.24-01-2024 2/3

¶16

appears that the said Ramanand Sharma has sustained only two injuries on his ankle and foot, though the same are said to be grievous in nature. He further submits that other co-accused persons having similar allegation, they have been allowed the privilege of anticipatory bail by the learned co-ordinate Bench of this Court in Cr. Misc. No. 22172 of 2023 vide order dated 03.07.2023. He next submits that there is counter version of the present case being Kaluahi P.S. Case No. 213 of 2023 which has also taken note of in the impugned order. He lastly submits that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the investigation and in the proceeding of the court.

¶17

On the other hand, learned counsel for the State opposed the bail application.

¶18

Regard being had to the submissions made on behalf of the parties and considering the fact that the injured has sustained injury on a non-vital part which is attributed to three persons, including the petitioner, coupled with the fact that the co-accused persons having identical allegation have been allowed the privilege of anticipatory bail, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks

¶19

Patna High Court CR. MISC. No. 84213 of 2023(2) dt.24-01-2024 3/3

¶20

from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with G.R. No. 1886 of 2022 arising out of Kaluahi P.S. Case No. 212 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

¶21

(Harish Kumar, J)

¶22

Anjani/-

¶23

U T

Pawan Sharma @ Pawan Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pawan Sharma @ Pawan Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lago Devi Vs The State of Bihar

Lalan Kumar Singh Vs The Chairman Uttar Bihar Gramin Bank cum Appellate Authority

Manju Singh Vs The B. N. Mandal University and Ors.

Mintu Lal Vs the State of Bihar

Pawan Kumar @ Pawan Kumar Singh Vs The State of Bihar

Md. Hayat Alam @ Jagwa @ Jaggu Vs The State of Bihar