Ashok Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8371 of 2021 Arising Out of PS. Case No.-548 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== ASHOK SHARMA SON OF RAM SWARUP MISTRI VILLAGESRIRAMPUR, P.S. - SHERGHATI, DISTRICT- GAYA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Mishra For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Sherghati P.S. Case No. 548 of 2020 registered for the offence under Sections 341, 323, 326, 307, 504, 338, 447/34 of the Indian Penal Code. Allegedly, on the order of the petitioner, the co-accused assaulted the informant with lathi but he narrow escaped and the
Patna High Court CR. MISC. No.8371 of 2021(2) dt.20-01-2022 2/3 co-accused Prem Kumar assaulted on his head with stone but that hit on his left eye, due to that there is a permanent deprivation of the sight of left eye.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The specific allegation of assault is alleged against the co-accused namely Prem Kumar. So far the petitioner is concerned, he is only an order giver. There is no allegation of assault alleged against the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances of the
Patna High Court CR. MISC. No.8371 of 2021(2) dt.20-01-2022 3/3 case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Sherghati P.S. Case No. 548 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T