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Patna High CourtCR. MISC./3993/2024allowed

Pravesh Sharma @ Parmesh Sharma v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3993 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Pravesh Sharma @ Parmesh Sharma S/O Late Mushaharu Sharma R/O Village- Suhath, Ward No. 12, P.S- Sour Bazar, Distt.- Saharsa. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 302, 506 of the Indian Penal Code.

It is a case of commission of murder of the wife of the informant. It is alleged against the petitioner that he slapped the deceased and dashed her on the floor. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is only alleged against

Patna High Court CR. MISC. No.3993 of 2024(2) dt.06-02-2024 2/3 the petitioner that he assaulted with fists and slap. The postmortem report suggests no external injury on the body of the deceased. There is land dispute between the parties. For the alleged occurrence of 15.03.2023, F.I.R was registered on 18.03.2023. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 07.11.2023 passed in Cr. Misc. No. 71317 of 2023. The petitioner is languishing in custody since 22.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st

Patna High Court CR. MISC. No.3993 of 2024(2) dt.06-02-2024 3/3 Class, Saharsa in connection with Sour Bazar P.S. Case No. 159 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T