Madan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19190 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- BARHARA KOTHI District- Purnia ====================================================== MADAN SHARMA SON OF SADANAND SHARMA R/O VILLAGEDARGAH BELAPEMU, P.S.- BARHARA KOTHI (RAGHUBANSHNAGAR O.P.), DIST.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.APP For the Informant Mr. Sanjay Kr. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barhara P.S. Case no. 174 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 379 of the Indian Penal Code.

As per allegation in the FIR, co-accused Sabita Devi called the brother of the informant at her courtyard. With a view to implicate him, she raised hulla then some accused persons

Patna High Court CR. MISC. No.19190 of 2021(3) dt.24-01-2022 2/3 and FIR named accused persons including the petitioner armed with weapon came there and assaulted him at the instance of her father-in-law resulting into his head injury. Ultimately, he died in the way to hospital.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. General and omnibus allegation of assault has been levelled against the petitioner. Specific allegation is against co-accused Sabita Devi and Sadanand Sharma, who are the conspirator and order giver of killing. From perusal of the injury report, it reveals there is one lacerated wound on right forearm and another lacerated wound is on mid upper head caused by hard and blunt substance.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barhara P.S. Case no. 174 of 2020, he will be

Patna High Court CR. MISC. No.19190 of 2021(3) dt.24-01-2022 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st Purnia subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U