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
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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.)
avin