Allowed

Suresh Sharma v. The State of Bihar

Patna HC8 Nov 2023CR. MISC./18658/2023

Case brief

AI extract

What is this about?

Regular bail application in a case involving a fatal assault on the informant's father by a mob of named and unnamed accused, with allegations of breaking into the house and robbing valuables. The court considered the bail plea opposed by the State and enlarged the petitioner on furnishing a bail bond with two sureties.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of ADJ-VIII, Madhepura.

Suresh Sharma Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18658 of 2023

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Arising Out of PS. Case No.-161 Year-2022 Thana- BIHARIGANJ District- Madhepura

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

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SURESH SHARMA Son of Late Kishan Sharma R/o Village - Sarauni Kala, Ward No.- 12, P.S.- Bihariganj, District - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rupesh Kumar For the Opposite Party/s : Mr. Ram Priya Sharan Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 08-11-2023

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

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The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 447, 448, 341, 323, 324, 307, 302, 427, 379, 504 and 506 of the Indian Penal Code.

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As per allegation in the FIR, 12 named accused and 20-25 unknown miscreants came to the door of the informant and started to abuse his family members. Co-accused Rajendra Sharma and the petitioner break down the door and robbed all valuables. They assaulted informant’s father by means of dabia as a result of which he fell down on the ground thereafter all accused persons assaulted him mercilessly as a result of which he succumbed to injuries.

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Patna High Court CR. MISC. No.18658 of 2023(5) dt.08-11-2023 2/2

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It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. There is delay of two days in lodging the FIR without any explanation. The alleged occurrence took place at the spur of moment. As per postmortem report, deceased, who is 70 years old, had received leg fracture and brain injuries. Petitioner has got no criminal antecedent and languishing in judicial custody since 5.12.2022.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJVIII, Madhepura in connection with Bihariganj P.S. Case No. 161 of 2022.

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(Sunil Kumar Panwar, J)

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sushma/-

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Suresh Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suresh 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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