Allowed

Ram Krishna Sharma @ Dhimal @ Dhimal Sharma v. The State of Bihar

Patna HC21 Jul 2023CR. MISC./5463/2023

Case brief

AI extract

What is this about?

The Patna High Court, through an oral order, allowed bail to the petitioner arrested under Sections 302 and 201 IPC in a murder case. The court conditioned release on bail bonds and cautioned against tampering with evidence or concealing criminal antecedents.

What did the court decide?

Release of petitioner on bail by furnishing bond of Rs. 10,000 with two sureties of like amount.

Ram Krishna Sharma @ Dhimal @ Dhimal Sharma Vs… — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5463 of 2023

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Arising Out of PS. Case No.-441 Year-2022 Thana- KONCH District- Gaya

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

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RAM KRISHNA SHARMA @ DHIMAL @ DHIMAL SHARMA Son of Late Devansh Singh R/V- Dadreji P.S- Konch Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Adv. Mr. Ritwik Thakur, Adv. Mrs. Vaishnavi Singh, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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4 21-07-2023

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Petitioner seeks bail, who is in custody since 23.09.2022 in connection with Konch P.S. Case No. 441/2022, dated 20.09.2022, for the offences punishable under Sections 302 and 201 of the IPC.

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According to prosecution case, on the information of a local chowkidar, the informant found a dead body of a female is lying at Barki Tari and he suspected that after killing her at some other place in order to screen out the dead body unknown persons have thrown the same.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He

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Patna High Court CR. MISC. No.5463 of 2023(4) dt.21-07-2023 2/3

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further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of confessional statement of the co-accused, namely, Anita Devi and except the confessional statement of the co-accused, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 23.09.2022.

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Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried one criminal antecedent other than the present one in which he is on bail.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.1st Class, Gaya in connection with Konch P.S. Case No.441/2022, subject to the following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

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Patna High Court CR. MISC. No.5463 of 2023(4) dt.21-07-2023 3/3

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and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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amit/-

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U T

Ram Krishna Sharma @ Dhimal @ Dhimal Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Krishna Sharma @ Dhimal @ Dhimal 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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