Vishwanath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70360 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== VISHWANATH SHARMA Son of Shivdayal Sharma Resident of VillageLakhpatiya More, P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mishra For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Gopalganj P.S. Case No. 235 of 2019 registered for the offence punishable under Sections 279, 341, 323, 307, 506, 34, 379, 302 of the Indian Penal Code.

Informant in her written complaint has alleged that on 14.05.2019 alongwith her husband while she was returning from the house of her Samdhi, on motorcycle same dashed against Manoj Sharma and his wife and thereafter at his instigation FIR named including petitioner assembled there and assaulted her husband by means of lathi, danda, iron rod and country made pistol, as a result of which he sustained injuries and was rushed

Patna High Court CR. MISC. No.70360 of 2019(2) dt.04-12-2019 2/3 to hospital from where he was shifted to Gorakhpur and then to Lucknow hospital. It is further alleged that subsequently on 26.05.2019 he died.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. There is general and omnibus allegation against all the FIR named accused and there is no any specific overt act alleged against the petitioner. All family members have been made accused. It has been further submitted that in the postmortem report only two antemortem injuries on head have been found. Petitioner is in custody since 26.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Gopalganj P.S. Case No. 235 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and

Patna High Court CR. MISC. No.70360 of 2019(2) dt.04-12-2019 3/3 every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T