The High Court of Patna granted bail to Sheo Sharma, implicated in an unlawful assembly case resulting in death due to indiscriminate firing, directing him to furnish a bail bond and sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs.10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30762 of 2013
Arising Out of PS.Case No. -37 Year- 2012 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Sheo Sharma, Son Of Late Ram Krit Sharma, R/O Village-Rajpur, P.S. Rajpur, District-Rohtas at Sasaram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sadanand Ray, Adv. For the Opposite Party/s : Mr. Ram Sevak Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
5 11-08-2014 Heard learned counsel for the petitioner as well as learned APP for the State.
While informant was proceeding toward Rajpur Bazar and as soon as he reached near the house of one Madan Sharma, 8 to 10 persons armed variously came in front of him and began to assault him causing injury on his head and hand. Villagers came in his rescue, seeing whom, the accused persons went to their roof and made indiscriminate firing causing injury to Ravi Mohan who subsequently died. It is apparent from the case diary as well as report submitted by Superintendent of Police, Rohtas that Ravi Mohan was taken away outside for his treatment during course of which he died whereupon he was cremated without performing postmortem. So, cause of death is unknown.
Patna High Court Cr.Misc. No.30762 of 2013 (5) dt.11-08-2014
2
So far outcome of investigation is concerned, though charge-sheet has been submitted under Section 302 IPC along with other allied Sections but there happens to be omnibus allegation against petitioner and nine others who were identified amongst unlawful assembly. Petitioner happens to be under custody since 12.02.2013.
Accordingly, petitioner, Sheo Sharma is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bikramganj, Distt-Rohtas in connection with Nasariganj (Rajpur) P.S. Case No. 37/2012.
(Aditya Kumar Trivedi, J)
perwez
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail pending investigation in a criminal case involving unlawful assembly and fatal firing.
Sheo Sharma
The State Of Bihar
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
