Partly allowed

Rameshwar Sharma and Ors. v. The State Of Bihar

Patna HC16 Sept 2015CR. MISC./23786/2015

Case brief

AI extract

What is this about?

The Patna High Court allowed bail to six petitioners accused of murder and other offences. Permission was granted to withdraw the bail application for Bajrangi Kumar @ Bajrangi Sharma, resulting in his bail application being dismissed as withdrawn. Bail for others was granted subject to furnishing a bail bond and sureties.

What did the court decide?

Bail granted to six petitioners subject to bond and sureties; bail application of seventh petitioner dismissed as withdrawn after permission for withdrawal.

Rameshwar Sharma and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23786 of 2015

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Arising Out of PS.Case No. -53 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Rameshwar Sharma Son of Harihar Sharma 2. Banti Sharma Son of Rajendra Sharma 3. Dinesh Sharma Son of Aghan Sharma

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Satyendra Sharma Son of Paras Sharma

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Bajrangi Kumar @ Bajrangi Sharma Son of Bulla Sharma

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Amarnath Sharma S/o Ishwar Sharma

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Ajay Sharma Son of Rameshwar Sharma All are resident of Badhai Tola, P.S. Chhatauni, District - East Champaran

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.... .... Petitioner/s Versus 1. The State of Bihar

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 16-09-2015 Learned counsel for the petitioners seeks permission to withdraw the bail application on behalf of petitioner no.5 (Bajrangi Kumar @ Bajrangi Sharma). Permission accorded and the bail application on behalf of petitioner no.5 is dismissed as withdrawn. Heard learned counsel for the petitioner nos. 1,2,3,4,6 and 7 and the State.

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The petitioners are apprehending their arrest in a case instituted under Section 302 and other allied Sections of the Indian Penal Code.

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Patna High Court Cr.Misc. No.23786 of 2015 (3) dt.16-09-2015

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2/3

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The prosecution story, in brief, is that on 12.03.2015 the informant was standing at his home at about 8 A.M. In the meantime the accused persons named in the FIR including the petitioners and 20-25 unknown persons holding weapons came there and started looting the property of home. When the informant/deceased and his sons Sanjay Das,Ranjan Das protested it, then accused persons caused assault to the informant and his sons by Bhala and Garasa and after looting the property and damaging the hut, the accused persons fled away.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Further, it is submitted that there is general and omnibus allegation against the petitioners. It is also submitted that other co-accused has already been granted bail vide order dated 25.06.2015 in Cr Misc. No. 20545 of 2015.

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On behalf of the State, it is submitted that the petitioners are named in the FIR.

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Considering the aforesaid facts, let the above named petitioner nos. 1,2,3,4,6 and 7 ( Rameshwar Sharma, Banti Sharma, Dinesh Sharma, Satyendra Sharma, Amarnath Sharma and Ajay Sharma), in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on

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Patna High Court Cr.Misc. No.23786 of 2015 (3) dt.16-09-2015

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3/3

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furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Chhatauni P.S.Case No. 53 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.

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(Sudhir Singh, J)

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singh/U T

Rameshwar Sharma and Ors. v. The State Of Bihar

Case brief

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Rameshwar Sharma and Ors. v. The State Of Bihar

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