Patna High CourtCR. MISC./29067/2016bail granted

Deepak Sharma v. The State Of Bihar

2016-07-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29067 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Deepak Sharma S/o Parasnath Sharma @ Paras Sharma Resident of village - Sugaha Bhawanipur, P. S. Kangali, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Kangali P.S. Case No. 26 of 2015 registered under Sections 341, 323, 324, 147, 148, 149, 448, 307, 302 and 504 of the I.P.C. The accusation is that 18 persons named in the F.I.R. including the petitioner and 5-7 unknown, due to land dispute and draining out the water, came at the house of the informant and started to abuse. When Ramashish Sharma and Rambali Sharma were assaulted by accused persons then Dhrub Sharma, uncle of the informant, rushed to save them but he was also assaulted by Umesh Sharma, Shyam Sundar Sharma, Anoj Sharma and Sanoj Sharma and put him down and pressed his neck. Later on, Dhruv

Patna High Court Cr.Misc. No.29067 of 2016 (2) dt.20-07-2016 2/2 Sharma died.

Submission is that while the petitioner is named in the F.I.R., but he is not assailant of the deceased. Further, submission is that similarly situated co-accused Dinesh Sharma has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 44433 of 2015 on 23.09.2015. It is also submitted that petitioner has no criminal antecedent and is in custody since 18.03.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 C.J.M., West Champaran at Bettiah in connection with Kangali P.S. Case No.26 of 2015.

(Rajendra Kumar Mishra, J) Shail/- U T