Single judge order granting regular bail to the petitioner in Sasaram P.S. Case No. 1254 of 2016, citing similarity to a co-accused granted bail by a coordinate bench.
Release on bail by furnishing bonds of Rs. 20,000 with two sureties of 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.49670 of 2017
Arising Out of PS.Case No. -1254 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS)
====================================================== Ajay Sharma, son of Janeshwar Sharma, resident of village-Sanjhauli, P.S. Sanjhauli, District-Rohtas
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the State : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Sasaram (Mufassil) P.S. Case No. 1254 of 2016 for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against the petitioner is that the informant along with his brother-in-law was proceeding to Fazalganj Stadium on motorcycle. In the meantime, motorcycle borne six persons arrived at the tea stall of Prem Chourasiya and out of them, one Sunit Singh fired on the brother-in-law of the informant causing injury to him.
Learned counsel for the petitioner submits that as far as the petitioner is concerned, there is no specific allegation of any
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overt act against him. It is further submitted that the case of the petitioner is similar to that one of the accused, namely Amod Singh, who has been granted bail by a coordinate Bench of this Court by an order dated 04.07.2017 passed in Criminal Misc. No. 20312 of 2017. It is further submitted that the petitioner is languishing in jail since 18.07.2017.
For the reasons mentioned hereinabove, more particularly the fact that his case is similar to that of co-accused Amod Singh, the petitioner, namely Ajay Sharma is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 1254 of 2016.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on regular bail in connection with offences punishable under Sections 302, 120B/34 IPC and Section 27 Arms Act.
Colour shows how this judgement treated each authority
Criminal Misc. No. 20312 of 2017Relied on¶11
2 provisions across 2 enactments
Ajay Sharma
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Mohit Kumar Shah
Parties & counsel
