Basudeo Sharma @ Basdeo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20545 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Basudeo Sharma @ Basdeo Sharma Son of Late Bhagat Sharma Resident of Mohalla - Barhi Tola, Chatauni, P.S. - Chatauni, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Chhatauni P.S.Case No. 53 of 2015 instituted under Sections 147,148,149, 323, 324, 307, 379, 448 and 427 and Section 302 of the Indian Penal Code.

The prosecution story, in brief, is that on 12.03.2015 the informant was standing at his home at about 8 A.M. In the meantime the accused persons named in the FIR including this petitioner and 20-25 unknown persons holding weapons came there and started looting the property of home. When the informant/deceased and his sons Sanjay Das, Ranjan Das protested it, then accused persons caused assault to the informant and his sons by Bhala and Garasa and after looting the property and damaging the hut, the accused persons fled away.

Patna High Court Cr.Misc. No.20545 of 2015 (2) dt.25-06-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. It has been further submitted that earlier the case was instituted for the offence under Section 307 of the Indian Penal Code. Later on the deceased succumbed to his injury in course of treatment and subsequently Section 302 of the Indian Penal Code was added. It has further been submitted that altogether fifteen persons have been named in the FIR and omnibus and general allegation has been made against all the accused persons. No specific role or overt act has been made against the petitioner.

It has been submitted on behalf of the State that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned C.J.M.,East Champaran at Motihari in connection with Chhatanui P.S.Case No. 53 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T