Patna High CourtCR. MISC./70894/2018allowed

Jawahir Sharma v. The State Of Bihar

2019-01-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70894 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- GOBARDHANA District- West Champaran ====================================================== Jawahir Sharma Son of Late Shivtahal Sharma @ Late Shitahal Sharma, Resident of Village-Bakawa Chandrol,Police Station-Gobardhana,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Gobardhana PS Case No. 43 of 2018 for the alleged offence punishable under Sections 304, 120B, 506 of the Indian Penal Code.

Allegation in the instant case is that petitioner is involved in causing death of the deceased. Learned counsel for the petitioner submits that tenor of Annexure-1 is accidental death. Learned counsel representing the informant strongly opposes the submission of learned counsel for the petitioner and submits that petitioner was involved in the death of the deceased

Patna High Court Cr.Misc. No.70894 of 2018(4) dt.25-01-2019 2/2 by using electric wire and in order to make out a case of accident they have created a situation of accidental death. Learned counsel for the petitioner submits that other co-accused has been granted bail and the petitioner is in custody since 22.09.2018.

Considering the fact that petitioner has no criminal antecedent and he is in custody since 22.09.2018, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Gobardhana PS Case No. 43 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T