Ramudgar Sharma @ Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3613 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- KHUTAUNA District- Madhubani ====================================================== Ramudgar Sharma @ Thakur Son Of Akhul Sharma R/O Village- Khubithal Patti, P.S.- Khutauna, District- Madhubani-847227, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. J.N. Thakur, the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Khutauna Madhubani, P.S. Case No. 14 of 2021 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant is father of deceased Krishandev Bhagat. As per allegation, the present petitioner and one Ram Kumar Sharma called the son of the informant. He accompanied with them. Thereafter, the mobile phone of his son was found

Patna High Court CR. MISC. No.3613 of 2022(2) dt.10-08-2022 2/2 switched off mode. In the next morning, the petitioner informed the informant that the condition of his son was serious. The informant found the dead body of his son and marks of fire shot were present on the dead body. The informant expressed affirm belief that the petitioner along with co-accused Ram Kumar Sharma and some unknown persons had murdered his son. Learned counsel for the petitioner has submitted that petitioner is innocent, his name has figured only on the basis of suspicion. He has also submitted that the wife of co-accused person did not name the petitioner in her statement recorded under Section 164 of the Cr.P.C.

On the other hand, the learned Additional Public Prosecutor has submitted that the deceased was last seen with the petitioner. The dead body was found in the next morning, when the petitioner and co-accused Ram Kumar Sharma took away the deceased with them.

Investigation is still going on, as such, it is not a fit case for anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

(Nawneet Kumar Pandey, J) shweta/maheshU T