Janardan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3816 of 2017 Arising Out of PS.Case No. -37 Year- 2012 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Janardan Sharma, son of Sheo Sharma, resident of village-Rajpur, Police Station-Rajpur, District-Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 06-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Nasriganj P.S. Case No.37 of 2012 registered under Sections 147, 148, 149, 341, 323, 307 and 506 of the Indian Penal Code besides Section 27 of the Arms Act and Section 17 of the C.L.A. Act, in which, later on, Section 302 of the Indian Penal Code was added. The accusation is that on 11.03.2012, in the morning, when the informant was going to Rajpur Market boarding on the motorcycle, in the way, 10 persons, named in the F.I.R., including the petitioner and 3-4 unknown having lathi, danda and firearms stopped the motorcycle of the informant and started to cause assault to him near the door of Madan Sharma. On the intervention

Patna High Court Cr.Misc. No.3816 of 2017 (3) dt.06-04-2017 2/2 of the villagers, all started to make firing due to which one Ravi Mohan Singh sustained firearm injury, who was rushed for treatment to the hospital but he died in course of treatment. Learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. alongwith 9 others and 3-4 unknown with the allegation of making firing in which Ravi Mohan Singh sustained firearm injury but, in the postmortem examination of the dead body of Ravi Mohan Singh, only one firearm injury was found on his person. The petitioner having no criminal antecedent is in custody since 23.11.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the Sub Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram, in connection with Nasriganj (Rajpur) P.S. Case No.37 of 2012.

(Rajendra Kumar Mishra, J) P.S./- U T