Ramanand Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39852 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== RAMANAND SHARMA SON OF LATE RAMESHWAR SHARMA RESIDENT OF VILLAGE - KONAND, P.S. - ASTHAWAN, DISTRICT - NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Sharan Singh, Advocate For the State :
Mr. Binod Kumar, APP For the Informant : Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Asthawan P.S. Case no.23 of 2024 registered under sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, it is stated that as a result of earlier dispute between the parties, the accused persons including the petitioner herein started to abuse the informant and the members of his family. It is further stated that in course of dispute, accused Santosh Sharma pushed the informant's 80 year old mother as a result of which she fell down. The informant took his mother inside the house where she died.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.39852 of 2024(2) dt.04-06-2024 2/3 petitioner has been falsely implicated in the case as a result of dispute between the parties which would be evident from the contents of the F.I.R. itself. It is further submitted that even as per the allegations in the F.I.R., the allegation, if any, is not against this petitioner but against co-accused Santosh Sharma. The petitioner is in custody since 7.2.2024 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R. but there is direct allegation that he along with the co-accused assaulted the mother of the informant leading to her death. It is further submitted that the witnesses in course of investigation have supported the prosecution case against this petitioner also.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against this petitioner in the F.I.R., the petitioner being in custody since 7.2.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Asthawan P.S. Case no.23 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.39852 of 2024(2) dt.04-06-2024 3/3 like amount each to the satisfaction of the learned Judicial Magistrate, Nalanda at Biharsharif.
(Partha Sarthy, J) Saurabh/- U T