Dharmraj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49144 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Dharmraj Sharma Son Of Late Devraj Sharma Resident Of Village- Koriyani, Police Station- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Kumar For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 323, 341, 304, 506/34 of the Indian Penal Code.
As per allegation in the FIR due to land dispute petitioner and two others FIR named accused persons assaulted to brother of the informant, namely Brajraj Sharma as a result of his which health started to deteriorate and when he was taken to Hospital, doctor brought him brought dead.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegation has been levelled against the petitioner. No external injury was found on body of deceased and it reveals
Patna High Court CR. MISC. No.49144 of 2023(3) dt.28-08-2023 2/2 from postmortem report that deceased died due to cardio respiratory arrest. Petitioner has got no criminal antecedent and languishing in judicial custody since 27.5.2023. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani in connection with Basopatti P.S. Case No. 247 of 2022.
(Sunil Kumar Panwar, J) lata/- U