Mohan Sharma v. The State Of Bihar
Patna High Court Cr.Misc. No.44323 of 2014 (2) dt.03-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44323 of 2014 Arising Out of PS.Case No. -91 Year- 2014 Thana -CHAUSA District- MADHEPURA ====================================================== Mohan Sharma S/o Guneshwar Sharma Resident of Village - Pihora Basa, P.S. - Chousa (Fulaut), District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 11.07.2014 in connection with Chousa (Fulaut) P.S.Case No. 91 of 2014 for the offences alleged under Sections 307/504 of the Indian Penal Code and Section 25(1-B)A/26 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated as in fact no recovery has been made from conscious possession of the petitioner as evident from the F.I.R. itself. There is no firearm injury to anyone and the dispute arises out of prior minor altercation over grazing of cow.
4. Having regard to the entirety of the facts
Patna High Court Cr.Misc. No.44323 of 2014 (2) dt.03-03-2015 and circumstances of the case, let the petitioner Mohan Sharma be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Chousa (Fulaut) P.S. Case No. 91 of 2014 with condition that the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/- U T