Allowed

Chandra Kishore Sharma v. The State of Bihar

Patna HC25 Jun 2020CR. MISC./77610/2019

Case brief

AI extract

What is this about?

The High Court at Patna granted pre-arrest bail to the petitioner in a criminal case involving offences under the Indian Penal Code and Bihar Mills Regulation Act after considering arguments that the charges were not well-founded and co-accused had been released.

What did the court decide?

The petitioner was directed to be released on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate.

Chandra Kishore Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77610 of 2019

¶2

Arising Out of PS. Case No.-73 Year-2019 Thana- DUMARIAGHAT District- East Champaran

¶3

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

¶4

Chandra Kishore Sharma, Son of Ramji Sharma, Resident of Village - Sarottar, P.S.- Dumariyaghat, District- East Champaran

¶5

... ... Petitioner

¶6

Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Binod Kumar Singh, Advocate For the Opposite Party : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

¶7

3 25-06-2020

¶8

Heard learned counsel for the petitioner and

¶9

learned counsel for the State via video conferencing.

¶10

By way of the present application, the petitioner has sought for pre-arrest bail in connection with Dumariyaghat P.S. Case No.73 of 2019 registered for the offences punishable under Sections 413, 353, 186 of the Indian Penal Code, section 33 of the Indian Forest Act as well as sections 5, 7 (5), 8, 9, 10, 13 and 14 of the Bihar Mills Regulation Act, 1990.

¶11

It is contended by the learned counsel for the petitioner that the petitioner has not cut or destroy any tree and no case under Section 33 of the Indian Forest Act is made out. It is further contended that nothing specific has been uttered against the petitioner that he committed theft of forest product.

¶12

Patna High Court CR. MISC. No.77610 of 2019(3) dt.25-06-2020 2/3

¶13

There is also no allegation of assault or use of criminal force to the informant while discharging his duty and, therefore, no case under Section 353 of the Indian Penal Code is made out. Lastly, it is contended that two other co-accused persons namely, Braj Kishore Sharma @ Brij Kishore Sharam and Rajharan Sahani have already been granted pre-arrest bail by a bench of this Court vide orders dated 06.03.2020 and 18.06.2020 passed in Cr. Misc. No.73633 of 2019 and Cr. Misc. No.79634 of 2019 respectively.

¶14

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner.

¶15

Considering the nature of the offence, the submissions advanced at the Bar, specially the fact that two other co-accused having identical allegation have already been granted pre-arrest bail by different benches of this Court has not been disputed by the learned counsel for the State, the petitioner is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Dumariyaghat P.S. Case No.73 of 2019 subject to the conditions

¶16

Patna High Court CR. MISC. No.77610 of 2019(3) dt.25-06-2020 3/3

¶17

as laid down under Section 438(2) of the Code of Criminal

¶18

Procedure.

¶19

(Ashwani Kumar Singh, J.)

¶20

Sanjeet/-

¶21

U T

Chandra Kishore Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandra Kishore Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shankar Mukhiya @ Subhankar Mukhiya Vs The State of Bihar

Sanjeev Yadav @ Sanjeev Kumar Vs The State of Bihar

Prem Nath Prasad @ Premnath Bin Vs The State of Bihar

Rampravesh Kumar @ Rampravesh Rai Vs The State of Bihar

Amit Kumar Vs the State of Bihar

Sonu Singh Vs the State of Bihar