Raj Deo Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76426 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- DHANGAI District- Bhojpur ====================================================== RAJ DEO SHARMA RAM PRAVESH SHARMA RESIDENT OF VILLAGE-KHAIRAHA, P.S.-DHANGAI, DIST.-BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 147, 148, 149, 504 of the Indian Penal Code and later on added section 302 of the IPC.
3. As per prosecution case, it is alleged that coaccused Monu Sharma assaulted on head of the informant's son due to which he sustained injury and died during course of treatment. This petitioner is also alleged to have assaulted the deceased at the time of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, the
Patna High Court CR. MISC. No.76426 of 2023(3) dt.10-01-2024 2/2 specific allegation is against co-accused Monu Sharma who assaulted on the head of the deceased. General and omnibus allegation of assaulting is levelled against this petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 29.6.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Dhangai P.S. Case No. 67 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur at Ara.
(Sunil Kumar Panwar, J) Amandeep/- U T