Patna High CourtCR. MISC./62490/2018bail granted

Dhananjay Sharma v. The State Of Bihar

2018-10-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62490 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -KHIRI MORE District- PATNA ======================================================

1. Dhananjay Sharma Son of Late Sukhdeo Sharma, Resident of VillageRukunpura, P.S. Khirimore, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard the parties.

The petitioner seeks bail in Khirimore P.S. Case No.100 of 2017 registered for the offence under Sections 302, 120B, 34 of the I.P.C. and Section 27 of the Arms Act.

Accusation is that while Rishikesh Sharma,younger son of the informant, Sushila Devi, was returning to his house with vehicle, under conspiracy Rahul Kumar, Bhopal Sharma, Mantu Kumar, Dhananjay Sharma, Sandya Devi, Guriya Devi, Dharmshila Devi and Kalawati Devi, all the accused named in the F.I.R. were watching his arrival from before and as soon as Rishikesh Sharma reached near the house, the aforesaid accused, they encircled the son of the informant, though the informant requested them to release her son but accused Rahul Kumar @ Dullu Kumar shot him dead.

Patna High Court Cr.Misc. No.62490 of 2018 (2) dt.06-10-2018 2/2 Submission on behalf of the petitioner is that at best the petitioner happens to be a member of conspirators but specific allegation of firing upon the deceased is against co-accused, Rahul Kumar @ Dulu Kumar and not against this petitioner. He is accused in one more case in which he is on bail and he is in custody since 24.07.2018.

Heard the learned A.P.P. also who opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M, Danapur, Patna, in Khirimore P.S. Case No.100/17.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U