Rajesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1216 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Rajesh Sharma Son Of Sahdeo Sharma R/O Vill- Pama, Ward No. 8, Patarghat Op, Ps- Saur Bazar, Dist- Saharsa ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Nawal Ram Son Of Bindeshwari Ram R/O Vill- Pama, Ward No. 8, Patarghat Op, Ps- Saur Bazar, Dist- Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amarnath Jha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the appellant, learned counsel for the informant and learned Special P.P for the State. The appellant has challenged the order dated 12.01.2024 passed by learned Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Saharsa in connection with Saur Bazar(Patarghat O.P) P.S. Case No. 171 of 2023 instituted for the offences punishable under Sections 302, 147, 148, 149, 341, 323, 307, 354(A), 379, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

It is a case of assaulting due to which the informant

Patna High Court CR. APP (SJ) No.1216 of 2024(3) dt.25-06-2024 2/3 and other family members of the informant sustained injuries. It is further alleged that specific allegation against this appellant is of assaulting to the informant by means of dabiya. It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. There is no specific allegation against the appellant to assaulting the deceased. And in the background of some land dispute, the present accusation has been levelled against the appellant. Allegedly, appellant has assaulted to informant but he has sustained simple injury. There is counter version of the occurrence also.

The postmortem report is also not in consonance with the prosecution version as the cause of death is head injury due to hard and blunt substance. The appellant is in custody since 20.09.2023. A statement has been made in para 3 of the petition that appellants have clean antecedent. In contra, learned counsel appearing on behalf of the informant and learned Special P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the appellants.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 12.01.2024. Accordingly, this appeal is allowed.

Patna High Court CR. APP (SJ) No.1216 of 2024(3) dt.25-06-2024 3/3 The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Saharsa in connection with Saur Bazar (Patarghat O.P) P.S. Case No. 171 of 2023.

(Sunil Kumar Panwar, J) sushma/- U