Mithun Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4599 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================
1. Pawan Sharma S/o Sitaram Sharma
2. Bideshi Sharma S/o Bhaju Sharma Both are resident of VillageGhardaur, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8365 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================
1. Mithun Sharma S/o Mangal Sharma, resident of Village- Ghourdour, P.S.- Salakhua, District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.4599 of 2016) For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ram Shankar Das(App) (In Cr.Misc. No.8365 of 2016) For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2016 Both the above-said petitions arise out of Salkhua P.S. Case No. 186 of 2015 registered under Sections-302/201/120(B) of the Indian Penal Code as also Sections-3(2)(v) of SC/ST Act and accordingly, both the above-said petitions are being heard and disposed of by this common order.
Patna High Court Cr.Misc. No.4599 of 2016 (3) dt.29-02-2016 2/3 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. According to prosecution case, the petitioner in Cr. Misc. No. 8365 of 2016 namely, Mithun Sharma took the deceased from his house and on the next day, when the informant and other villagers caught the petitioner, in Cr. Misc. No. 8365 of 2016 and inquired about the deceased from him, he (petitioner in Cr. Misc. No. 8365 of 2016) disclosed that he as well as petitioners in Cr. Misc. No. 4599 of 2016, killed the deceased and on the basis of his disclosure, dead body of the deceased was recovered.
Learned counsel, appearing for the petitioners submits that except the above-said so-called extra judicial confessional statement of petitioner in Cr. Misc. No. 8365 of 2016, there appears to be nothing against petitioners.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners (in Cr. Misc. No. 4599 of 2016) namely, Pawan Sharma and Bideshi Sharma named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Salkhua P.S. Case No. 186 of 2015 to the satisfaction of learned Additional Chief Judicial
Patna High Court Cr.Misc. No.4599 of 2016 (3) dt.29-02-2016 3/3 Magistrate-III, Saharsa.
So far as prayer for bail of the petitioner in Cr. Misc. No. 8365 of 2016 is concerned; the same stands rejected. (Hemant Kumar Srivastava, J) A.K.V./- U T