Ravin Sharma @ Ravin Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10031 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.
RAVIN SHARMA @ RAVIN KUMAR SHARMA Son of Kant Lal Sharma Resident of Village- Dargah, Bela Pemu, P.S.- Barhara (Raghubansh Nagar), Distt- Purnea.
2.
Kishor Sharma @ Kishor Kumar Sharma @ Krishna Son of Umesh Sharma Resident of Village- Dargah, Bela Pemu, P.S.-- Barhara (Raghubansh Nagar), Distt- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP For the Informant :
Mr. Kumar Pravin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2021 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant through video conferencing.
The petitioners have filed the instant application for grant of regular bail in connection with Sessions Trial No. 157 of 2020 (arising out of Barhara (Raghubansh Nagar O.P.) P.S. Case no. 174 of 2020) registered under sections 302, 307 and other sections of the Indian Penal Code.
As per allegations in the F.I.R., it is stated by the informant that his brother was assaulted by the twenty nine named accused persons including the petitioners herein who
Patna High Court CR. MISC. No.10031 of 2021(3) dt.20-07-2021 2/3 came variously armed leading to the death of informant's brother namely, Lalu Thakur.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The allegations are general and omnibus in nature. The petitioners are in custody since 28.7.2020 and have no criminal antecedent. Investigation in the case has concluded. It is lastly submitted that the case of the petitioners stand on a similar footing to that of nine other named co-accused persons who have been enlarged on bail vide order dated 9.3.2021 passed in Cr. Misc. No.507 of 2021.
The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. A report with respect to the stage of the trial had been called for from the learned Court below. As per the report received, although charge was framed on 4.12.2020, none of the nine prosecution witnesses have been examined and the trial is not proceeding due to Covid-19 pandemic.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, grant of bail to the nine other co-accused together with investigation in the case having concluded, the Court is inclined
Patna High Court CR. MISC. No.10031 of 2021(3) dt.20-07-2021 3/3 to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Sessions Trial No. 157 of 2020 (arising out of Barhara (Raghubansh Nagar O.P.) P.S. Case no. 174 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV, Purnea.
Spd/- (Partha Sarthy, J) U T