AZHAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) On 12-12-2005, an FIR was registered at Turkaulia P.S., District East Champaran, Bihar on the basis of a complaint lodged by the appellant Md. Azhar Sah, alleging that on that date he along with other villagers were ploughing the field at around 1.30 in the afternoon, which is the subject matter of litigation. Soon thereafter, the Sharma brothers including Sudhanshu Kumar Sharma came to the field holding guns in their hands. There were several other persons who came along with the Sharma brothers who were also armed with guns, country-made pistols and rifles. Soon after arriving at the spot, they used filthy language on the complainant. Loknath Sharma and Binda Rai ordered their men to shoot at the complainant party. Following this, Subodh Sharma fired at Ujair Sah and as a result of the injuries sustained he fell down. Further, Loknath Sharma fired at the complainant and Sudhanshu Kumar Sharma, respondent No. 4, herein fired at Aseem Sah. Other Sharma brothers fired at different persons. At the end of the fight, the complainant saw the dead bodies of four persons of the complainant party and Ujair Sah was lying badly injured. He was later on taken to the hospital where he died. Five people were brutally killed.

(3.) Sudhanshu Kumar Sharma moved a bail application before the High Court which was granted by the High Court on the reasoning that although the other accused persons have been refused bail the case of respondent No. 4 herein is different than that of persons who have been refused bail.