Lucho Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19458 of 2021 Arising Out of PS. Case No.-186 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== 1.
LUCHO SHARMA SON OF RAJO SHARMA 2.
CHANDAN KUMAR @ CHANDAN SHARMA SON OF SANJAY SHARMA BOTH R/O VILL.- MADHWAPUR, P.S.- BHAWANIPUR (BALIYA O.P.), DIST.- PURNEA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-11-2021 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that after partition in the family over a dispute relating to cutting of a tree, there was an altercation between the parties and the accused persons including Sanjay Sharma as also the two petitioners herein assaulted the husband of the informant leading to him becoming unconscious and he subsequently died.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.19458 of 2021(5) dt.22-11-2021 2/2 that the two petitioners herein are the nephew and brother's grandson of the deceased. The allegations as levelled in the F.I.R. are false and concocted. The allegations are general and omnibus in nature. Cause of false implication is land dispute between the parties. The petitioners are in custody since 28.5.2020 and 27.11.2020 respectively and they have no criminal antecedent. The case of the two petitioners stands on a similar footing to that of a co-accused Sanjay Sharma who has been enlarged on bail vide order dated 24.8.2021 passed in Cr. Misc. no.11876 of 2021.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with grant of bail to a co-accused Sanjay Sharma, the Court directs the two petitioners to be enlarged on bail in connection with Bhawanipur (Baliya O.P.) P.S. Case no.186 of 2019 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea. (Partha Sarthy, J) Saurabh/- U T