Allowed

Nandan Sharma v. The State of Bihar

Patna HC2 Mar 2020CR. MISC./14510/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 302/34 IPC, the Patna High Court, dismissing the prosecution's objections regarding lack of eye-witness testimony and substantive evidence, ordered the release of the petitioner on bail upon furnishing sufficient bonds.

What did the court decide?

Petitioner released on bail by furnishing bonds of Rs. 10,000 each with two sureties to the ACJM, Rosera, Samastipur.

Nandan Sharma Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14510 of 2020

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Arising Out of PS. Case No.-71 Year-2019 Thana- HASANPUR District- Samastipur

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======================================================

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NANDAN SHARMA, Male, aged about 35 years, Son of Late Bala Sharma, Resident of Village/Mohalla-Fulhara, P.S.- Hasanpur, DistrictSamastipur(Bihar).

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Vinay Kumar Mishra, Advocate. For the Opposite Party : Mr.Ajit Kumar,A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 02-03-2020

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC.

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The prosecution story, in brief, is that the petitioner and others assaulted the son of the informant, namely, Sanjeet Kumar, brutally with Iron rod and Lathi, causing grievous injury and in way to Patna, he died.

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It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 18.12.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of

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Patna High Court CR. MISC. No.14510 of 2020(2) dt.02-03-2020 2/2

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tampering with the witnesses alleged against the petitioner. It is a case of last seen. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. Neither there is any eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.IIIrd, Rosera, Samastipur, in connection with Hasanpur P.S. Case No. 71 of 2019.

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U.K./- U T

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(Sudhir Singh, J)

Nandan Sharma v. The State of Bihar

Case brief

What is this about?

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Nandan Sharma v. The State of Bihar

Case brief

What is this about?

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