Mohan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33708 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Mohan Sharma Son of Basudev Sharma resident of village- Manjhaul near the Kanya Vidyalay, P.S.- Cheria Bariarpur (Manjhaul O.P.), DistrictBegusarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Admittedly, the present case was instituted under Sections-302/34 of the Indian Penal Code and 27 of the Arms Act but after completion of investigation, police submitted charge sheet for the offences punishable under Sections-304/34 of the Indian Penal Code and 27 of the Arms Act. Moreover, it would appear from perusal of paragraph 16 of the case diary that one coaccused, Dipesh Lumar confessed before the police that he along with two others were dancing, having pistol in his hand and the firing was made accidentally, causing injury to the deceased, who was later on, taken to hospital by the petitioner. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the

Patna High Court Cr.Misc. No.33708 of 2014 (3) dt.19-01-2015 2/2 petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Cheriya Bariyarpur P.S. Case No. 86 of 2014 to the satisfaction of the Chief Judicial Magistrate, Begusarai.

(Hemant Kumar Srivastava, J) A.K.V./- U T