Allowed

Laxhman Sharma Alias Lakshman Sharma v. the State of Bihar

Patna HC16 Feb 2023CR. MISC./51587/2022

Case brief

AI extract

What is this about?

This oral order grants bail to the petitioner in a murder case where the informant was not an eyewitness. The court directed the removal of defects within four weeks and release on a bond of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the C.J.M. Purnea.

Laxhman Sharma Alias Lakshman Sharma Vs the State… — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51587 of 2022

¶2

Arising Out of PS. Case No.-180 Year-2022 Thana- BARHARA KOTHI District- Purnia

¶3

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

¶4

LAXHMAN SHARMA ALIAS LAKSHMAN SHARMA SON OF LATE JAGDISH SHARMA R/O VILLAGE- BHATOTAR, P.S.- BARHARA KOTHI, DISTRICT- PURNEA

¶5

... ... Petitioner/s

¶6

Versus

¶7

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

¶9

ORAL ORDER

¶10

4 16-02-2023

¶11

Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

¶12

Let the defect(s), if any, be removed within a period of four weeks from today.

¶13

The petitioner seeks bail in connection with Barhara P.S. Case No. 180 of 2022 registered for the offence under Sections 302 and 34 of the Indian Penal Code.

¶14

The accused/petitioner is named in the F.I.R. and is in custody since 04.05.2022.

¶15

The allegation against the petitioner is to commit murder of the mother of informant by causing head injury with sharp cut weapon, due to previous enmities.

¶16

Learned counsel appearing on behalf of the petitioner

¶17

Patna High Court CR. MISC. No.51587 of 2022(4) dt.16-02-2023 2/3

¶18

submitted that informant is not the eye-witness of the occurrence, as it is appearing from the last paragraph of the FIR itself that he claimed the involvement of petitioner in the present occurrence, suggesting that entire allegation is based upon suspicion. It is also submitted that both the parties are in inimical terms and prior to this occurrence, before 02 months, the wife of the petitioner was died, where a suspicion was raised that the deceased caused her death by witchcraft practice. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

¶19

Learned APP appearing on behalf of the State, opposes the prayer of bail.

¶20

Considering the facts and circumstances as mentioned above, as informant is not the eye-witness of the occurrence, where, entire allegation is based upon mere suspicion coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barhara P.S. Case No. 180 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

¶21

Patna High Court CR. MISC. No.51587 of 2022(4) dt.16-02-2023 3/3

¶22

two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

¶23

(Chandra Shekhar Jha, J)

¶24

S.Katyayan/- U T

Laxhman Sharma Alias Lakshman Sharma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Laxhman Sharma Alias Lakshman 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

Yashwant Kumar Vs The State of Bihar

Rajesh Kumar Vs The State of Bihar

Uma Shankar Pandey Vs the State of Bihar

Sunil Sah Vs The State of Bihar

Rajendra Prasad Vs The State of Bihar

Uday Thakur Vs The State of Bihar