Santosh Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19554 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Santosh Kumar Sharma, Son of Bharat Sharma, Resident of Village - Sadha Bazar Samittee, P.S. - Chapra Muffasil, District - Saran at Chapra 2.
Ajay Kumar Sharma, Son of Bharat Sharma, Resident of Village - Sadha Bazar Samittee, P.S. - Chapra Muffasil, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-04-2025 Heard Mr. Vijay Kumar, learned counsel for the petitioners and Mr. Kumar Veerendra Narayan, learned APP for the State.
2. Petitioners seek regular bail in connection with Chapra Muffasil P.S. Case No. 37 of 2025 dated 23.01.2025 registered for the offences punishable under sections 126(2), 115(2), 324(4), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by petitioners' counsel are that there is a case and counter case in between both the parties and as per the FIR, there is sole injured, whose injury report has been discussed in the order of the trial court, though
Patna High Court CR. MISC. No.19554 of 2025(2) dt.22-04-2025 2/3 he sustained three injuries but as per X-ray and CT Scan examination, those injuries were not found to be grievous and accordingly, the said injured sustained simple injury and in between both the parties, there is a land dispute and in this regard, specific statement has been made in paragraph No. '7' of the petition. It is lastly submitted that both the petitioners have been languishing in jail since 24.01.2025 and against them the investigation has been completed, though against the petitioners 2 criminal cases were earlier lodged but the police submitted final form in those cases, showing them innocent, therefore, there is no criminal antecedent against them.
4. Learned APP for the State has opposed the bail prayer of the petitioners.
5. In the facts and circumstances of this case as well as considering the aforesaid submissions mainly the facts that both the parties are said to be agnates, in between them there is a land dispute and both the sides have lodged cases against each other and as per above submission, the informant, the sole injured, sustained simple injuries in the alleged occurrence and also coupled with completion of the investigation against the petitioners, this Court is inclined to grant the relief of bail to the petitioners. Accordingly, let the petitioners be released on bail
Patna High Court CR. MISC. No.19554 of 2025(2) dt.22-04-2025 3/3 on furnishing bail bond of Rs.20,000/-(Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned in connection with Chapra Muffasil P.S. Case No. 37 of 2025.
(Shailendra Singh, J) annu/- U T