Kamlesh Sharma @ Kamlesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35051 of 2016 Arising Out of PS.Case No. -52 Year- 2014 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================
1. Kamlesh Sharma @ Kamlesh Kumar, S/o- Sakindra Sharma
2. Ramdeo Sharma, S/o Late Musahru Sharma, R/o-Sihma, P.S- Bithan, Dist.- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149 and 302 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence the informant's husband was fencing the Tat on the land allotted to him, in the meantime his elder brother Ramdeo Sharma came there and stopped him, but the husband of the informant raised objection. Thereafter the accused persons including the petitioners came armed with weapon and assaulted him, due to which her husband received head injury and blood started oozing out and then her husband fell down and died. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.3.2016 and the charge sheet
Patna High Court Cr.Misc. No.35051 of 2016 (3) dt.20-10-2016 has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Altogether 12 persons have been made accused including the petitioners. General and omnibus allegation has been made. No specific allegation has been made against the petitioners. The other co-accused has been granted bail vide Cr.Misc.No.51272 of 2014.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Md. Manjur Alam, A.C.J.M. III, Rosera, Samastipur in connection with Bithan P.S. case No.52 of 2014.
(Sudhir Singh, J) Narendra/- U T