Allowed

Ramchandra Sharma v. The State of Bihar

Patna HC13 Jun 2022CR. MISC./45049/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a criminal case involving offences under various sections of the IPC, including causing hurt and mischief, directing release upon surrender within eight weeks subject to specific bond conditions.

What did the court decide?

Petitioner released on bail within eight weeks on bonds of Rs. 20,000 with two like sureties, subject to conditions including cooperation and non-interference with witnesses.

Ramchandra 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.45049 of 2021

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Arising Out of PS. Case No.-301 Year-2020 Thana- BAKHARI District- Begusarai

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

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Ramchandra Sharma Son of Late Dhora Sharma @ Late Dhorai Sharma Resident of Village - Chakchanarpat, P.S. - Bakhri, District - Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 13-06-2022

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Heard Mr. Sandip Kumar Gautam, learned counsel

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for the petitioner and Mr. Ram Sevak Choudhary, learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

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The petitioner apprehends his arrest in connection with Bakhri P. S. Case No. 301 of 2020 registered for the offences punishable under Sections 341, 323, 307, 354, 427, 379 and 34 of the Indian Penal Code.

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As per the prosecution case, it is alleged that

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Patna High Court CR. MISC. No.45049 of 2021(2) dt.13-06-2022 2/4

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17.07.2020 all the F.I.R. named accused persons including this petitioner entered into the house of the informant and on the dictate this petitioner all the accused persons ransacked the house of the informant and they brutally assaulted the old grandfather of the informant It is also alleged that the petitioner assaulted the informant over her head by means of farsa causing serious head injury.

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At the outset, learned counsel for the petitioner submits at the bar, on the instruction of his client, that as per his information till date the process under Sections 82/83 of the Cr.P.C. have not been issued.

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Learned counsel appearing on behalf of the petitioner submits that though there is specific allegation that the petitioner assaulted the informant over her head by means of farsa but the injury report as contained in annexure 3, suggests that the same is simple in nature. It is further submitted that there is counter version of the present case being Bakhri P. S. Case No. 302 of 2020 instituted by the present petitioner. It is also submitted that there is a free fight, which had taken placed between both of them and persons of both sides have received injuries. It is lastly submitted that the petitioner has clean antecedent and he is ready to abide by the terms and conditions

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Patna High Court CR. MISC. No.45049 of 2021(2) dt.13-06-2022 3/4

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as would be imposed by this Hon’ble Court.

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On the other hand, learned Additional Public Prosecutor for the State opposes the bail application and submits that there is specific allegation against this petitioner that he assaulted the informant by means of farsa .

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Having considered the submissions made on behalf of the parties and taking into account the nature of the injuries, which is found to be simple in nature, apart from the fact that there is case and counter case and this petitioner is carrying a fair antecedent, let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, on furnishing bail bonds of Rs. 20,000/ (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P. S. Case No. 301 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with following conditions:-

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(i) One of the bailors should be the close relative of the petitioner.

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(ii) The petitioner will co-operate in the investigation as well as in conclusion of the trial.

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Patna High Court CR. MISC. No.45049 of 2021(2) dt.13-06-2022 4/4

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(iii) He will not try to tamper with the evidence or

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intimidate the witnesses in course of

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investigation or during the course of trial.

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(Harish Kumar, J)

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shakir/- U T

Ramchandra Sharma v. The State of Bihar

Case brief

What is this about?

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Ramchandra Sharma v. The State of Bihar

Case brief

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