Chandeshwari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6820 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- BANMANKHI District- Purnia ====================================================== 1.

Chandeshwari Sharma S/O Late Giro Sharma Resident Of VillageMakhnaha, Sharma Tola, Ward No. 12, P.S.- Banmankhi, District- Purnea. 2.

Binod Sharma S/O Chandi Sharma Resident Of Village- Makhnaha, Sharma Tola, Ward No. 12, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Banmankhi P.S. Case No. 118 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 354, 307, 452, 302, 325 of the Indian Penal Code.

As per prosecution case, allegation against the petitioners is that they along with other co-accused persons assaulted the informant & his family members due to which they sustained injury. During course of this incident, co-accused Sita Ram Sharma assaulted the informant's father by means of stick due to which he succumbed to injury during course of treatment.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.6820 of 2023(3) dt.11-05-2023 2/2 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of FIR, it appears that the specific allegation is against co-accused Sita Ram Sharma who assaulted on the chest of the deceased namely Dobhi Sharma due to which he died. General and omnibus allegations of assaulting have been leveled against these petitioners. Both the petitioners have got no criminal antecedents and languishing in judicial custody since 16.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Banmankhi P.S. Case No. 118 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Purnea. (Sunil Kumar Panwar, J) Amandeep/- U T