Gulab Chand Sharma @ Gulabchand Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.705 of 2021 Arising Out of PS. Case No.-50 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

Gulab Chand Sharma @ Gulabchand Choupal S/o Late Kusumlal Sharma R/o village- Sukela Ward No. 10, P.S.- Bhargama, District- Araria 2.

Satya Narayan Sharma S/o Late Mohan Sharma R/o village- Sukela Ward No. 10, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-07-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Bhargama P.S. Case no. 50 of 2019 registered under section 307 and other sections of the Indian Penal Code.

As per allegation in the F.I.R., it is stated that eleven named accused persons variously armed assaulted the brother of the informant and thereafter also other relatives who came to his rescue.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature. The case

Patna High Court CR. MISC. No.705 of 2021(4) dt.27-07-2021 2/2 of the petitioner stands on a similar footing to that of coaccused Rajesh Sharma and Pradeep Sharma who have been enlarged on bail vide order dated 23.10.2019 passed in Cr. Misc. no. 62364 of 2019. The petitioners are in custody since 24.9.2020 and have no criminal antecedents. Investigation in the case has concluded. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the grant of bail to coaccused and the petitioners having remained in custody for 9 months, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Bhargama P.S. Case no. 50 of 2019 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria.

(Partha Sarthy, J) Bibhash U