Lakshman Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67032 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== LAKSHMAN SHARMA Son of Late Sita Ram Sharma Resident of Village - Amara, P.O.- Karwandiya, P.S.- Sasaram (Mufassil), District - Rohtas (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP For the Informant :

Mr. Kiran Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sasaram (Mufassil) P.S. Case No. 114 of 2021 registered for the offence under Sections 147, 149, 341, 323, 307, 447, 504, 325 and 302 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 03.04.2021.

The allegation against the petitioner is to commit murder of the father of informant along with other co-accused for property related disputes.

Patna High Court CR. MISC. No.67032 of 2021(4) dt.30-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the nature of allegation as regard to assault is very much general and omnibus against the petitioner. It has further been submitted that the petitioner is man of clean antecedent. While concluding the argument, it has further been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP duly assisted by learned counsel appearing on behalf of the informant Sri Saket Kumar Singh, while opposing the prayer of bail, fairly conceded the fact that the allegation as regard to assault is very much general and omnibus in nature.

Considering the facts and circumstances as mentioned above, as specific allegation of assault is not against the petitioner, who is man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sasaram (Mufassil) P.S. Case No. 114 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to

Patna High Court CR. MISC. No.67032 of 2021(4) dt.30-06-2022 3/3 the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Prince Kumar, who is the grandson of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S. Sen/- U T