Baddu Sharma @ Batesar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15769 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.
Baddu Sharma @ Batesar Sharma Son of Late Vijay Sharma Resident of Village- Milkytola, Parora, P.S.- K.Nagar, District- Purnea 2.
Guddu Sharma @ Guddu Kumar Sharma Son of Late Vijay Sharma Resident of Village- Milkytola, Parora, P.S.- K.Nagar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with K. Nagar P.S. Case No. 376 of 2023 lodged under Sections 147, 341, 323, 325, 307, 379, 504 and 506 of the I.P.C. and subsequently added section 302 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against 9 named accused persons including the petitioners against whom there is allegation that scuffling took place between the informant and the petitioner for recovery of rent and snatching of Rs.5,000/- from the pocket is there.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that from the contents of F.I.R., it become clear that the date of occurrence is 20.06.2023 and F.I.R. has been lodged on 21.06.2023 and initially, the F.I.R. has been lodged under
Patna High Court CR. MISC. No.15769 of 2024(3) dt.26-04-2024 2/2 section 307 of the I.P.C. as a major section and subsequently, after 15 days, section 302 of the I.P.C. has been added.
5. Counsel further submits that there is general and omnibus allegation made against the accused persons for assault and nothing specific against anyone including the petitioners.
6. Counsel for the petitioners submits that petitioners have surrendered on 23.11.2023 having clean antecedent.
7. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 70758/2023.
8. Learned counsel for the State opposes the prayer for bail.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Nagar P.S. Case No. 376 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U