Chandrakant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42269 of 2021 Arising Out of PS. Case No.-72 Year-2014 Thana- KHIRI MORE District- Patna ====================================================== CHANDRAKANT SHARMA Son of Late Deoraj Singh @ Deoraj Sharma Resident of Village - Rampur, P.S. - Karpi, District - Arwal. ... ... Petitioner/s
Versus
The State of Bihar BIhar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2021 Heard Mr. Dhirendra Kumar, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Sessions Trial No. 445 of 2016 arising out of Khiri More P.S. Case No. 72 of 2014 for the offences punishable under Sections 147, 148, 149, 307, 302, 504 of the Indian Penal Code, 1860 and Section 27 of the Arms Act.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 23.03.2021 passed in Cr. Misc. 15176 of 2020 with liberty to renew his prayer for grant of regular bail after four months. The allegation against the petitioner as per the First
Patna High Court CR. MISC. No.42269 of 2021(3) dt.29-09-2021 2/3 Information Report is that he made indiscriminate firing along with other co-accused persons causing death of four persons. Learned counsel for the petitioner submits that there was a dispute with regard to the fishing in the village and altogether six persons allegedly made firing indiscriminately, causing death of four persons and there is no specific allegation against the petitioner. The allegation is general and omnibus in nature against all the six accused persons. Learned counsel next submits that the petitioner is in custody since 7.2.2015 i.e. for about 6 years 7 months and other co-accused person has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 9021 of 2017.
Regards being had to the submission made by the parties and taking into consideration the period of custody and the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-II, Danapur, in connection with Sessions Trial No. 445 of 2016 arising out of Khiri More
Patna High Court CR. MISC. No.42269 of 2021(3) dt.29-09-2021 3/3 P.S. Case No. 72 of 2014.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T