Chandrama Sharma @ Chandrama v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71010 of 2023 Arising Out of PS. Case No.-24 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== Chandrama Sharma @ Chandrama, Son Of Diplal Sharma Vill- Rahimapur, P.S.- Awtarnagar, District -SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Rajesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Awtarnagar P.S. Case No. 24 of 2020, lodged on 28.01.2020 under Sections 341, 323, 379, 326, 504, 354 and 34 of the Indian Penal Code 1860.
3. As per the prosecution case, the FIR has been lodged against 4 named accused persons including the present petitioner and as per the FIR, the co-accused person Bhim Sharma had snatched Rs. 50,000/- from informants' pocket and all the accused persons assaulted the informant by iron rod and lathi.
4. Learned counsel for the petitioner submits that this case is an unfortunate occurrence as the informant and the
Patna High Court CR. MISC. No.71010 of 2023(2) dt.07-11-2023 2/3 petitioner are full brothers and because of a pity family dispute, this matter has arisen which resulted into assault to each other and filing the present case. Counsel also submits that due to information of the well wishers, an application has been filed before the District and Sessions Judge, Chapra in B.P. No. 1787 of 2023 (annexed as Annexure-3) that they are ready to resolve the matter among the family himself. He further submits that in the background of land dispute, the present case has been lodged. He further submits that the antecedent of the petitioner is clean and he is in custody since 09.06.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is head injury in this case and he also accepted that vide Annexure-3, the parties tried to resolve their disputes.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Saran at Chapra in connection with Awtarnagar P.S. Case No. 24 of 2020, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
Patna High Court CR. MISC. No.71010 of 2023(2) dt.07-11-2023 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T