Dhaneshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56834 of 2017 Arising Out of PS.Case No. -433 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Dhaneshwar Sharma son of Late Jaggan Sharma, resident of VillageKusiyargaon, Police Station- Araria, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Araria P.S. Case No. 433 of 2017 dated 20.06.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 302 of the Indian Penal Code.

The petitioner is brother of the deceased. In the F.I.R, it has been alleged that because of some dispute over mutation of the land, petitioner and others started fighting with the deceased. Later, one Mantu Sharma assaulted the deceased by means of lathi on his forehead around four to five times, which led to death of the deceased.

Learned counsel for the petitioner submits that so far as petitioner is concerned, there is only an omnibus and

Patna High Court Cr.Misc. No.56834 of 2017 (2) dt.01-12-2017 2/2 general allegation against him of picking up fight with the deceased.

Since the petitioner is not the author of the fatal injury and he is in custody since 06.07.2017, this Court is inclined to grant bail to him.

The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 433 of 2017.

(Ashutosh Kumar, J) Shageer/- U T