Bhushan Sharma @ Chandra Bhushan Kumar @ Chandra Bhushan Kumar @ Chnadra Bhushan Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6580 of 2024 Arising Out of PS. Case No.-573 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Bhushan Sharma @ Chandra Bhushan Sharma @ Chandra Bhushan Kumar @ Chnadra Bhushan Kumar Sharma S/o Nagendra Sharma R/o Vill - Pakariya, P.S. - Harsidhi, Dist. - East Chamaparan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Ray, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 573 of 2023 dated 29.09.2023, lodged under Section 302 of the I.P.C.
3. As per the prosecution case, informant has categorically stated that the discussion took place between the accused person and the father of the informant, due to which the petitioner with full of anger have attacked on the head of his father by axe, due to which he was injured and during treatment in the private hospital at Motihari, he died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner and the informant are brother and sister, whereas deceased was their father. He further submits that from the contents of the F.I.R., it becomes crystal clear that the
Patna High Court CR. MISC. No.6580 of 2024(3) dt.09-04-2024 2/3 informant is not the eye witness and she has lodged this fardbeyan at the instance of information which has been received by the co-villagers or some person having inimical relation with the petitioner. He further submits that antecedent of the petitioner is clean and he is in custody since 30.09.2023.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that on previous occasion, case diary has been called for and in the case diary, some independent witnesses have disclosed their statement in paragraph nos. 27 and 28 in which it has come that injury on the head of the deceased was basically an accident and it is the petitioner, who immediately rushed to the hospital with his father and during treatment, he died. It has also come that the informant at the instance of the other villagers having inimical relation with the petitioner have disclosed the name of the petitioner in the F.I.R.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Sadar Motihari, East Champaran in connection with Harsidhi P.S. Case No. 573 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
Patna High Court CR. MISC. No.6580 of 2024(3) dt.09-04-2024 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) sadique/- U T