Single Judge granted regular bail to the petitioner, detained for two years, against charges of murder, hurt, and molestation arising from a neighbour's quarrel.
Released on regular bail on furnishing 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. 86649 of 2019
Arising Out of PS. Case No.-136 Year-2019 Thana- BHARGAMA District- Araria
======================================================
Sitaram Sharma Son of Late Monku Sharma @ Monku Sharma, Resident of Village-Raghunathpur (South), P.S.-Bhargama, District-Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Yadav For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
9 03-03-2021 Heard learned counsel for the petitioner and learned
counsel for the State.
In this case, the petitioner is seeking regular bail in connection with Bhargama P.S. Case No. 136 of 2019 registered for offence punishable under sections 341, 323, 324, 307, 354(B), 504/34 IPC, later on section 302 IPC has been added.
Allegation has been made that on account of throwing garbage, quarrel took place and firing started. Allegation has been made that the petitioner has caused injury to the victim by lathi who ultimately succumbed to injury.
Learned counsel for the petitioner submits that the petitioner has remained in jail custody for about two years and the incident took place on the spur of moment as also both the parties are neighbour.
Patna High Court CR. MISC. No. 86649 of 2019(9) dt.03-03-2021 2/2
Looking to the facts and circumstance of the case, let the petitioner above named be released on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 136 of 2019, subject to condition that one of the bailors of the petitioner shall be his close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. In case of failure on two consecutive dates without any valid reason, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether the petitioner entitled to regular bail in criminal proceedings for offences including murder, grievous hurt, and molestation.
Sitaram Sharma
The State of Bihar
SHIVAJI PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
