Gadar Sharma @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44201 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Gadar Sharma @ Raja Son of Yogendra Sharma Resident of VillageParharpur, Mohim Dih, Ward No.12, Police Station- Bihariganj, DistrictMadhepura Under Legal Guardianship of his father Yogendra Sharma S/o late Siro Sharma.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Rajendra Singh Shastry, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 15.09.2018 has filed the instant application for grant of bail in connection with Bihariganj P.S. Case No. 220 of 2018, J.J.B No. 129 of 2018 (District Madhepura) registered for the offence punishable under sections 302 and 34 of the Indian Penal Code. As per the allegation in the FIR, the accused persons including this petitioner, as a result of altercation, are alleged to have assaulted with lathi, Danda etc., leading to the death of wife of the informant.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature, similarly

Patna High Court CR. MISC. No.44201 of 2019(3) dt.16-10-2019 2/2 situated co-accused have been enlarged on bail by order dated 30.04.2019 passed in Cr. Misc. No. 9443 of 2019, the petitioner is in custody since 15.09.2018 and has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above facts including the fact that petitioner is in custody since 15.09.2018 and that similarly situated co-accused have been granted bail, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Judge, Juvenile Justice Board, Madhepura in connection with Bihariganj P.S. Case No. 220 of 2018, J.J.B No. 129 of 2018 (District Madhepura).

(Partha Sarthy, J) Prakash/- U T