Nandeo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20647 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -GWALPARA District- MADHEPURA ====================================================== Nandeo Sharma S/o Late Jagdish Sharma Resident of Village- Shishwapatti, Ward No.8, Police Station- Gwalpara (O.P. Arar), District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 323, 341, 342, 354, 307, 504, 506 and 34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code has been added.

Allegation against the petitioner is that due to some petty reason he along with other accused person assaulted the informant and her husband, who died in course of treatment. It has been submitted on behalf of the petitioner that he is in custody since 21.7.2015. Chargesheet has been submitted in the present case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against him. Petitioner is the neighbour of the informant. For a petty reason the alleged occurrence is said to have taken place. The other co-accused have been granted bail vide Cr. Misc. no. 1310 of 2016. On behalf of the State, it is submitted that petitioner is named in the F.I.R. Specific overt act of pressing testicals of the deceased is alleged against the petitioner. Hence, his case is different from other co-accused persons who have been granted

Patna High Court Cr.Misc. No.20647 of 2016 (3) dt.19-07-2016 2/2 bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. (Sudhir Singh, J) sudip/- U T