Ramashankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46596 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -BAIRIYA District- WESTCHAMPARAN(BETTIAH) ===================================== Ramashankar Sharma, Son of Late Singhasan Sharma, resident of Village-Pokhariah, P.S.-Bairia, District-West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s :Mr. Bimlesh Kr. Pandey, Adv. For the Opposite Party/s :Mr. Manish Kumar-II, (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Bairiya P.S. Case No.115 of 2014, disclosing offences under Sections 302 and 120(B)/34 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, submits that petitioner's implication in this

Patna High Court Cr.Misc. No.46596 of 2015 (2) dt.14-10-2015 2/3 case is based on mere suspicion, raised by the informant. As per the prosecution case, the deceased is said to have received a call on his cellular phone late a night on the alleged date of occurrence, i.e., 08.06.2014, which he described to the informant to have been made by one Sausain Mian. Responding to the said call, the deceased is said to have left his house and is said to have told his wife that he is going to meet said Sausain Mian and the other persons, including the present petitioner. On the subsequent date, his dead-body was found hanging from a tree. He further submits that said Sausain Mian has been granted regular bail by this Court vide order, dated 07.09.2015, passed in Cr. Misc. No.13239 of 2015.

Considering the submission that the petitioner's implication is based on suspicion, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran, in connection with Bairiya P.S. Case No.115 of 2014.

This is subject to the condition that the

Patna High Court Cr.Misc. No.46596 of 2015 (2) dt.14-10-2015 3/3 petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T