High Court Patna High Court - Orders

Bhrigudeo Sharma & Ors vs State Of Bihar on 22 September, 2011

Patna High Court – Orders
Bhrigudeo Sharma & Ors vs State Of Bihar on 22 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (DB) NO.41 OF 2009
             1. BHRIGUDEO SHARMA SON OF LATE DILESHWAR
                SHARMA
             2. ASHUTOSH SHARMA SON OF KAMALDEO SHARMA
             3. SIDHARTH SHARMA SON OF BHRIGUDEO SHARMA
             4. GYANESHWAR SHARMA SON OF KAMALDEO SHARMA
             ALL R/O VILLAGE- SITALPUR, SHARMA TOLA, P.S.-
             DIGHWARA, DISTRICT- SARAN
                                          Versus
                                    State Of Bihar
                             ----------------------------------

6 22/09/2011 I. A. No. 2020 of 2011

The appellant no. 4 has renewed his prayer

for bail through this interlocutory application on the

ground of his detention since 31.3.2006.

Learned counsel for the appellant submitted

that the First Information Report has indicated that

Suresh Sharma was dragged and beaten by all the five

named accused persons, namely, Bhrigudev Sharma,

Ashutosh Sharma, Gyaneshwar Sharma, Sidharth

Kumar Sharma and Mitunjay Sharma. Therefore,

there was no specific allegation against any of the

accused persons in the initial version but later on

some roles have been attributed to them, so the

evidence becomes doubtful in view of the first version

of the informant. It has also been submitted that other

accused persons, namely, Bhrigudev Sharma and

Ashutosh Sharma whose case, according to the fard-

beyan, was also identical to the case of the appellant

have been admitted to bail.

2

Considering the facts and circumstances of

the case, I. A. No. 2020 of 2011 is allowed. During the

pendency of this appeal, the appellant no. 4 named

above is directed to be released on furnishing of bail

bond of Rs. 10,000/- (ten thousand) with two sureties

of the like amount each to the satisfaction of Sri Rajiv

Srivastava, Additional Sessions Judge, F.T.C. No.

V/his successor Court, Chapra in Sessions Trial No.

427 of 2006.

(Shyam Kishore Sharma, J.)

(Vikash Jain, J.)
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