Patna High CourtCR. MISC./56112/2018bail granted

Bideshi Sharma And ORS v. The State Of Bihar

2018-10-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56112 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- JADOPUR District- Gopalganj ======================================================

1. Bideshi Sharma son of Algu Sharma

2. Ramesh Sah son of Amar Sah, Both are of resident of VillageBelbanwa, Police Station- Kuchaikote, District- Gopalganj.

3. Santosh Sharam son of Rameshwar Sharma, resident of VillageBaraipatti, Police Station- Yadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for petitioners, learned counsel for informant as well as learned counsel for the State. Petitioners, who are in custody, seek bail in connection with Yadopur P.S. Case No. 38 of 2018 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Informant who is the father of deceased has alleged that when he was at the door, he saw petitioners along with other co-accused persons were assaulting his son, in the meantime petitioners caught hold on his son and co-accused Yashwant Sharma gave knife blow as a result of which he sustained serious injuries and died during course of his

Patna High Court Cr.Misc. No.56112 of 2018(2) dt.06-10-2018 2/2 treatment.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. There is no specific allegation of assault against the petitioners. Specific allegation is against Yashwant Sharma. Petitioners have no criminal antecedent and they are in custody since 09.05.2018.

Learned counsel for the informant vehemently opposes the prayer of bail.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Gopalganj in connection with Yadopur P.S. Case No. 38 of 2018, subject to clean antecedent of the petitioners.

(S. Kumar, J) Rajiv/ManojU T