Mukh Lal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56542 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Mukh Lal Sharma S/o Keshav Thakur @ Keshwer Thakur Resident of Village- Sahorva (Sahavarba), PS- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate For the State :

Mr.Akshay Lal Pandit, APP For the Informant : Mr. Sanjay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel appearing on behalf of the informant.

2. In the present case, the petitioner seeks bail in connection with Ladaniya P.S. Case No. 234 of 2024 registered for the alleged offences under Sections 127(1), 115(2), 118(1), 109, 352, 351(2), 3/5 of B.N.S.

3. As per prosecution case, in the background of some monetary transaction, at the instigation of this petitioner, coaccused persons brutally assaulted the informant using sword and causing injury to him.

4. Learned counsel for the petitioner submits that the

2/4 petitioner is innocent and has been falsely implicated in this case. There is inordinate delay of 12 days in lodging the FIR and there is no satisfactory explanation for the same. Learned counsel further submits that the allegation of causing sword injury is against co-accused Guddu Sharma and there is no allegation of any overt act against this petitioner. However, the injury report shows the injury was caused by hard and blunt object. Therefore, the allegation is not supported by the injury report though the injury is stated to be grievous. Learned counsel further submits that the injury is laceration of 8"x3" inch. The police submitted final form and found the case false against Aditya Sharma and Sanjeev Sharma. The whole occurrence took place over the dispute of amount of sale deed.

Learned counsel further submits that co-accused Krishna Singh has been granted bail by learned Co-ordinate Bench vide order dated 05.02.2025 passed in Cr. Misc. No. 2381 of 2025. The petitioner is in custody since 17.06.2025 and charge sheet has been submitted. The petitioner has antecedent of one case in which he is on bail.

5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the

3/4 informant submits that in the assault by the petitioner and other co-accused persons the informant received grievous injury and his hand was amputated. Learned counsel further submits that for this reason, the FIR was lodged after much delay as the informant had been undergoing treatment and his fardbeyan was recorded on 19.07.2024 for an occurrence of 16.07.2024.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation of assault against the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Benipatti, District - Madhubani/concerned Court in connection with Ladaniya P.S. Case No. 234 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the

4/4 court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T