Manoj Sharma vs The State Of Bihar
2021 Latest Caselaw 1035 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31693 of 2020
Arising Out of PS Case No.-235 Year-2019 Thana- GOPALGANJ TOWN District- Gopalganj
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Manoj Sharma (Male), aged about 40 years, Son of Late Ramnath Sharma, Resident of Village-Lakhpatia More, PS-Gopalganj, District-Gopalganj.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate with Ms. Kumari Anupam, Advocate For the State : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Yogesh Chandra Verma, learned senior

counsel along with Ms. Kumari Anupam, learned counsel for the

petitioner and Mr. Tarkeshwar Nath Thakur, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Gopalganj Town PS Case No. 235 of 2019 dated 19.05.2019,

instituted under Sections 279, 341, 323, 307, 379 and 506/34 of

the Indian Penal Code in which later on Section 302 of the Indian

Penal Code was added.

3. The allegation against the petitioner is that the

informant and her husband who were coming on a motorcycle Patna High Court CR. MISC. No.31693 of 2020 dt.20-02-2021

dashed against the petitioner and his wife upon which the

petitioner called the villagers, who came with arms and assaulted

the deceased and against the petitioner it is further alleged that

showing pistol, he snatched Rs. 2 lakhs from the deceased.

4. Learned counsel for the petitioner submitted that as

per the allegation itself he and his wife were the victims of the

incident and as a natural consequence, though not justifying the

same, the local people gathered and may have assaulted the

husband of the informant as he was the person who was driving

the motorcycle which had dashed against the petitioner and his

wife. It was submitted that the petitioner is neither alleged to have

assaulted the deceased nor was the aggressor and the allegation of

snatching Rs. 2 lakhs is cosmetic and totally unbelievable as

nobody is expected to carry Rs. 2 lakhs cash, that too, at 9.30 pm

in the night on a motorcycle. It was further submitted that the

petitioner has no criminal antecedent.

5. Learned APP submitted that the petitioner was the

victim of the accident and it is but natural that he would be the

person who would have instigated the mob to assault the

deceased.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the Patna High Court CR. MISC. No.31693 of 2020 dt.20-02-2021

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Gopalganj in Gopalganj PS

Case No. 335 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner and he shall co-

operate with the police/prosecution and the Court. Any violation

of the terms and conditions of the bonds or failure to co-operate

shall lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T