Chandra Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12275 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== CHANDRA KISHOR SHARMA SON OF LATE KAILU SHARMA R/O VILLAGE-KUNJAURI @ KUNJOURI, P.S ALAM NAGAR, DISTRICT MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner inflicted repeated Kudal blow on the head of the informant causing injury on the head.

Learned counsel for the petitioner submits that due to land dispute some scuffle took place between the parties. There is a case and counter case in which both sides sustained injuries

Patna High Court CR. MISC. No.12275 of 2021(2) dt.29-06-2021 2/3 and the injury of the informant has been found to be simple in nature caused by hard and blunt substances. Petitioner has claimed clean antecedent and he is in custody since 18.3.2020. Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that the occurrence took place in the background of land dispute and informant sustained simple injury caused by hard and blunt object, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Udakishunganj, Madhepura in Alamnagar Police Station Case No. 72/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.12275 of 2021(2) dt.29-06-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T