Bambam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21216 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- MIRGANJ District- Purnia ====================================================== BAMBAM SHARMA Son of Late Narayan Sharma Resident of Kajra, P.S.- Mirganj, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Fazle Karim For the State :

Mr.Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504 and 307 of the Indian Penal Code. Prosecution case in short is that the petitioner along with another co-accused was abusing the informant. Thereafter, husband of the informant came and prevented from abusing the informant and in consequence thereof, the accused persons

Patna High Court CR. MISC. No.21216 of 2020(3) dt.03-09-2020 2/3 assaulted the husband of the informant with fist and lathi and due to which, the husband of the informant became unconscious. The injured was taken to the hospital where the doctor has opined that he got paralyzed due to strike on the head.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 04-02-2020. Due to petty reason, the alleged occurrence is said to have taken place. The petitioner has already remained in custody for more than six months. There is no likelihood of the trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned Judicial Magistrate-Ist Class, Purnea in connection with Mirganj P.S. Case No. 36 of 2019.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.21216 of 2020(3) dt.03-09-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T