Bikash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14232 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== Bikash Sharma Son Of Baleshwar Sharma R/O Village- Satish Nagar, P.S.- Pasraha, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner : Mr.Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Pasraha P.S. Case No. 80 of 2021 registered for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegedly the petitioner inflicted a sped blow on the head of the informant.

The main submissions advanced by learned counsel for the petitioner are that the co-accused Baleshwar Sharma is the father of the informant and the petitioner is his own brother,

Patna High Court CR. MISC. No.14232 of 2022(2) dt.11-07-2022 2/3 the petitioner has no criminal antecedent, in fact the informant himself attacked at his father then the petitioner intervened to save his father and the doctor concerned found the injury on the head of the informant to be simple in nature which was caused by a hard and blunt object. Further submission is petitioner himself surrendered before the Court below on 04.01.2022 and since then he has been languishing in jail.

Learned APP for the State and learned counsel for the informant has opposed the bail prayer.

Heard both the sides and perused the FIR and Annexure 2 submitted by petitioner which is stated to be the injury report of the informant. Petitioner is stated to be real brother of the informant and a domestic issue is stated to be the genesis of the occurrence and there is no allegation of having caused repeated blows by the petitioner on the head of informant and as per Annexure 2 the informant's injury has been opined to be simple in nature by the doctor concerned. In the light of these facts this Court is inclined to take a lenient approach to the petitioner's prayer. Accordingly, prayer for bail stands allowed on this condition that if the petitioner is again found to be involved in similar kind of activity like the present case with his family members then the prosecution will

Patna High Court CR. MISC. No.14232 of 2022(2) dt.11-07-2022 3/3 be at liberty to take step for the cancellation his bail before the Court below. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Pasraha P.S. Case No. 80 of 2021. (Shailendra Singh, J) sangam/- U T