Tinku Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16131 of 2019 Arising out of PS. Case No.-108 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== TINKU KUMAR SHARMA Son of Ram Ayodhaya Sharma, resident of Village- Patedhi, P.S.- Marhowrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2019 At the outset, the advocate on record for the petitioner seeks to make correction in paragraph no. 3 of the bail petition. Permission is granted.

Let the same be done during the course of the day. Heard the learned senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 452 of 2018 arising out of Chapra (Muffasil) P.S. Case No. 108 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code. The learned senior counsel for the petitioner submits that no family member of the deceased has filed the case. The alleged occurrence has taken place on 09.10.2018 and case has been lodged by the Police Inspector on 11.03.2018. In the written report the informant has alleged that on 09.02.2018, one man, namely, Sanjay Kumar, was pushed from the roof who died during course of treatment in PMCH. The

Patna High Court CR. MISC. No.16131 of 2019(2) dt.26-03-2019 2/2 informant learnt during investigation that due to dispute of partition, this petitioner along with other accused persons has pushed Sanjay Kumar from the roof, on account of which he died during course of treatment. The learned senior counsel further submits that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court by an order dated 02.11.2018 passed in Criminal Misc. No. 66080 of 2018.

The petitioner is said to be in custody since 27.03.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Saran, Chapra in connection with Sessions Trial No. 452 of 2018 arising out of Chapra (Muffasil) P.S. Case No. 108 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T