Ramesh Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ramesh Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with Andhramath P.S. Case No. 129 of 2024 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 Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, subject to conditions: (i) one bailor to be a close relative of the petitioner; (ii) petitioner to remain present on each and every date fixed by the trial court if so required; (iii) in case of absence on three consecutive dates or violation of bail terms, the bail bond liable to be cancelled by the court concerned.

Issue for consideration

Whether the petitioner, sought to be prosecuted in Andhramath P.S. Case No. 129 of 2024 under Sections 126(2), 132, 121(2), 115(2), 118(1), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, should be released on bail.

Court's answer

The Court directed that the petitioner 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 the learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Andhramath P.S. Case No. 129 of 2024, subject to stated conditions.

Ratio / Principle

The bail direction rested on the Court's consideration of the fact and circumstances, the submissions of the parties, the superficial nature of injuries, the nature of allegation, submission of the charge sheet and the period of custody of the petitioner.

Detailed headnote1 paragraphs

Bail granted — Criminal Miscellaneous No.13521 of 2025, High Court of Judicature at Patna, decided 19-03-2025 (Sourendra Pandey, J). The petitioner, accused in Andhramath P.S. Case No. 129 of 2024 (District Madhubani) registered for offences under Sections 126(2), 132, 121(2), 115(2), 118(1), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, was directed to be released on bail. The Court weighed the superficial nature of injuries, the nature of allegation, submission of the charge sheet and the period of custody of the petitioner (counsel had submitted custody since 28.09.2024). Bail was ordered on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, subject to conditions including one close-relative bailor, attendance when required by the trial court, and liability of the bail bond to cancellation on absence on three consecutive dates or violation of terms. Counsel had also relied on the earlier bail of co-accused Devendra Yadav vide order dated 19.02.2025 in Cr. Misc. No. 7130 of 2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13521 of 2025

Arising Out of PS. Case No.-129 Year-2024 Thana- ANDHRAMATH District- Madhubani

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

Ramesh Sharma S/O Late Jibachh Sharma R/O Village- Chhatarpur, Ward No.-10, P.S- Andhramath, Distt.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 19-03-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

In the present case, the petitioner seeks bail in connection with Andhramath P.S. Case No. 129 of 2024. registered for the offences under Sections 126 (2), 132, 121(2), 115 (2), 118 (1), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

As per the prosecution case, the petitioner and other co-accused persons surrounded the informant, who is a chaukidar and while hurling abuses assaulted him with electric wire and the petitioner, Ramesh Sharma also fired upon him. They also tried to run down the informant by a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.13521 of 2025(2) dt.19-03-2025 2/3

case. No occurrence as alleged has ever taken place. The informant and the petitioner are co-villagers and due to previous enmity, the petitioner has been falsely implicated in this case. The injury report of the informant has been procured and no such injury was caused to him. Moreover, the injuries are simple in nature. The petitioner is having criminal antecedent of four cases. The petitioner is in custody since 28.09.2024 and charge sheet has been submitted. It is lastly submitted that similarly situated co-accused Devendra Yadav has been enlarged on bail vide order dated 19.02.2025 passed in Cr. Misc. No. 7130 of 2025.

Learned A.P.P. opposes the submission made on behalf of the petitioner.

Having regard to the fact and circumstances and submission made on behalf of the parties and considering the superficial nature of injuries and further considering the nature of allegation, submission of charge sheet and period of custody of the petitioner, the petitioner is directed to 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 Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Andhramath P.S.

Patna High Court CR. MISC. No.13521 of 2025(2) dt.19-03-2025 3/3

Case No. 129 of 2024, subject to the following conditions:

(i) One of the bailors will be a close

relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Sourendra Pandey, J)

Prakash/-

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