Allowed

Sadhu Sharma @ Pramod Sharma v. The State of Bihar

Patna HC10 Jan 2022CR. MISC./18223/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna granted bail to the petitioner in a criminal case involving offences under Sections 341, 323, and 307 of the IPC and Section 27 of the Arms Act, requiring a bond of Rs. 10,000 with sureties and a condition regarding the bailor.

What did the court decide?

Release on bail upon furnishing bonds of Rs. 10,000 with two sureties, one being the petitioner's father.

Sadhu Sharma @ Pramod Sharma Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18223 of 2021

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Arising Out of PS. Case No.-30 Year-2019 Thana- BANSHI District- Jehanabad

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

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Sadhu Sharma @ Pramod Sharma Son of Jairam Sharma @ Jai Kishor Sharma Resident of Village - Orbigha, P.S.- Banshi, District - Arwal.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 10-01-2022

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Heard learned counsel for the petitioner and Shri

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Choubey Jawahar, learned A.P.P. for the State through virtual Court proceedings.

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The petitioner seeks bail in connection with Banshi P.S. Case No. 30 of 2019 dated 12.05.2019 instituted for the offences under Sections 341, 323 and 307 of the Indian Penal Code read with Section 27 of the Arms Act.

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Learned counsel for the petitioner submits that the petitioner is in custody since 11.07.2020, charge-sheet has been submitted and charges have been framed.

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Learned counsel for the petitioner submits that informant in the F.I.R. alleges that while he was threshing wheat, the petitioner came and fired at him causing injury on the elbow and he went to the police station in an injured condition

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Patna High Court CR. MISC. No.18223 of 2021(4) dt.10-01-2022 2/3

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to lodge the case.

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Learned counsel for the petitioner submits that it is a case of false implication of the petitioner as there is no injury report of the informant. Further, paragraph ‘87’ of the case diary records that I.O. had gone to the house of the informant for getting the injury report on which he was informed by the family members of the informant that they don’t know where the injury report is kept by the informant and the same will be made available after the informant comes. It is further recorded that the injury report once made available thereafter the same will be filed in the Court. Learned counsel further submits that it does not stand to reason that when the informant reached the police station in an injured condition then why his medical examination was not done. It is submitted that it is a case where petitioner has been falsely implicated with the help of police.

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Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the fact that the petitioner is in custody since 11.07.2020 and charges have been framed, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned

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Patna High Court CR. MISC. No.18223 of 2021(4) dt.10-01-2022 3/3

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Additional Sessions Judge-III, Jehanabad in connection with Banshi P.S. Case No. 30 of 2019 with a condition that one of the bailors shall be the father of the petitioner and in the event, petitioner does not appear on two consecutive dates in the trial, the trial court will forthwith cancel the bail bonds.

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(Satyavrat Verma, J)

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Rishi/-

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U T

Sadhu Sharma @ Pramod Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sadhu Sharma @ Pramod Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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