Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25279 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prakash Sharma son of Shambhu Sharma resident of village- Badhai Tola, P.S.- Chhatauni, District- East Champaran, Motihari .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anuj Kumar, Advocate. For the Opposite Party : Mr. Arun Kumar Singh No.-5 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard the learned counsel for the petitioner as well as the learned for the State.

The petitioner is languishing in custody since 13.03.2015 in a case registered for the offences punishable under sections 147, 148, 149, 323, 324, 307, 379, 448 and 427 of the I.P.C, later on section 302 of the I.P.C has been added. The prosecution case is that 15 FIR named persons along with the petitioner and 20-25 unknown persons came to the house of the informant and started robbing and on protest being made accused assaulted informant and his son with Bhala and Garasa. Subsequently the informant succumbed to the injuries. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.25279 of 2015 (2) dt.27-07-2015 2/2 that the accusation is omnibus and general, whereas, from the postmortem examination report it appears that one injury was caused on the head of the informant. A statement has been made in para-3 of the petition that the petitioner has no criminal antecedent and the similarly situated co-accused Basudeo Sharma @ Basdeo Sharma has already been granted bail by a Bench of this Court in Cr. Misc. No. 20545 of 2015 vide order dated 25.06.2015. Considering the above mentioned fact, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. East Champaran at Motihari in Chhatauni P.S. Case No. 53 of 2015. (Dinesh Kumar Singh, J) Abhay/- U T