Raj Kumar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.47412 of 2015 (2) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47412 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -MANSAHI District- KATIHAR ======================================================

1. Raj Kumar Sharma Son of late Baijnath Sharma Resident of Village -bari Mohanpur Police Station - Mansahi, District Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Shanker Modi For the Opposite Party/s : Mr. Sharda Kumari(App) For Informant : Mr. Ranjeet Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Mansahi P.S. Case No. 06 of 2015, disclosing offences under Sections 341,323,324,307,504/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that an altercation had admittedly taken place between the petitioner's side and in the informant's side over a petty dispute. They are covillagers. He contends that a counter case has been instituted by an accused of the present case Awadhesh Sharma in which the informant is an accused. He has further submitted that there is no likelihood of the petitioner tampering with the evidence if he is

Patna High Court Cr.Misc. No.47412 of 2015 (2) dt.27-10-2015 granted bail, in the facts and circumstances of the case. Learned counsel appearing on behalf of the informant, on the other hand, has opposed the prayer for bail on the ground that there is specific allegation against the petitioner of hitting the informant with an iron rod on his head.

Be that as it may, keeping in view the genesis of the occurrence and the nature of accusation, this application is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Mansahi P.S. Case No. 06 of 2015.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled (Chakradhari Sharan Singh, J) ArunKumar/- U