Patna High CourtCR. MISC./36334/2023bail granted

Rambabu Sharma v. The State Of Bihar

2023-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36334 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== RAMBABU SHARMA SON OF LATE GOKHUL SHARMA RESIDENT OF VILLAGE- DUMARIYA, PS- DUMARIYAGHAT, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dumariyaghat P.S. Case no.149 of 2022 registered under sections 307, 379, 341, 324, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that over a dispute relating to rasta between the parties, the petitioner is said to have given a blow with a sword on the informant leading to grievous injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The parties are agnates. There is case and counter case between the parties. Referring to the injury report, it is submitted that though one of

Patna High Court CR. MISC. No.36334 of 2023(2) dt.28-06-2023 2/2 the injuries is said to be grievous in nature, however, the petitioner has remained in custody since 21.2.2023 and chargesheet has been submitted in the case. He has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., there being case and counter case between the parties, chargesheet having been submitted in the case, the petitioner having remained in custody since 21.2.2023 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Dumariyaghat P.S. Case no.149 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Partha Sarthy, J) Saurabh/- U T