Allowed

Neeraj Sharma v. The State Of Bihar

Patna HC9 Apr 2013CR. MISC./40515/2012

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the Patna High Court granted bail to the petitioner Neeraj Sharma, who was arrested in a murder case involving firearms. Addressing arguments regarding specific allegations against the petitioner compared to co-accused already on bail, the court ordered release subject to a bond and specific surrender conditions.

What did the court decide?

Direction to release petitioner on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to the Sessions Judge, with conditions for attendance.

Neeraj Sharma Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2013)

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Patna High Court Cr.Misc. No.40515 of 2012 (4) dt.09-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.40515 of 2012

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====================================================== Neeraj Sharma, son of Mithlesh Suman Sharma, Resident of VillageNaugrah, Police Station- Makhdumpur, District- Jehanabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 09-04-2013 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. The petitioner has been arrested in connection with Sessions Trial No. 100 of 2012 arising out of Makhdumpur P.S. Case No. 388 of 2010, registered under Sections 302/34 of Indian Penal Code and Section 27 of the Arms Act.

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The prosecution case as alleged that Mantu Sharma, Chitranjan Sharma and Niraj Sharma having armed with rifle in their hands and one Braj Kishore Sharma having armed with pistol fired at the informant’s brother (deceased) by which he succumbed to injury.

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Learned counsel for the petitioner submits that Mantu Sharma having armed with rifle and other co-accused, namely, Braj Kishore Sharma armed with pistol fired at the deceased by which he succumbed to injury have been granted bail by this Court.

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Learned counsel for the informant however, opposed the

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Patna High Court Cr.Misc. No.40515 of 2012 (4) dt.09-04-2013

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prayer for bail of the petitioner and asserted that in para 13 of the case diary, Dhirendra Kumar @ Karu Singh has specifically stated that this petitioner, Neeraj Sharma fired from his rifle on the chest of the deceased. Hence having regard to the fact there is direct allegation against the petitioner is not similar allegation with that of Mantu Sharma.

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Learned counsel for the petitioner submits that bail petition of Mantu Sharma was earlier rejected, but he has been granted bail taking into consideration the fact that after examination of the informant and Dhirendra Kumar @ Karu Singh it has been asserted that statement of Dhirendra Kumar @ Karu Singh has been recorded, but he has not been supported the prosecution case about firing by this petitioner and has annexed his deposition.

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Having regard to the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Sessions Judge, Jehanabad, in connection with Sessions Trial No. 100 of 2012 arising out of Makhdumpur P.S. Case No. 388 of 2010, subject to condition that petitioner will appear on each and every date fixed in this case and any absence of the petitioner shall

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Patna High Court Cr.Misc. No.40515 of 2012 (4) dt.09-04-2013

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be subject to satisfaction of the court below on reasonable ground. Further condition that petitioner shall not remain absent on two consecutive dates with satisfaction of the court below on reasonable ground.

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m.p.

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(Gopal Prasad, J)

Neeraj Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Neeraj Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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