Rajan Kumar @ Bhantul Sharma @ Bhantul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4071 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== RAJAN KUMAR @ BHANTUL SHARMA @ BHANTUL Son of Vishwanath Vishwakarma @ Vishwanath Mistry Resident of MohallaBhaisani Tola, P.S.- Malsalaami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mehandiganj P.S. Case No. 64 of 2022 dated 17.04.2022 registered for the offence under Sections 302, 120(B), 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is alleged to have opened fired in the sky in order to create panic situation so as to provide help to his companion who allegedly fired upon the deceased, who died on the spot.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.4071 of 2023(2) dt.26-04-2023 2/3 innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. that the specific allegation of firing is attributed to the co-accused, Suraj Kumar and Mukesh Kumar upon the deceased, who died on the spot. He further submits that the petitioner has not inflicted any gunshot injury to the deceased nor any allegation of firing upon the deceased is attribute to him. He further submits that the petitioner at best can be said to be a member of unlawful assembly. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 01.06.2022.

Learned A.P.P. for the State on the basis of material available on record opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City in connection with Mehandiganj P.S. Case No. 64 of 2022 with the following conditions:-

Patna High Court CR. MISC. No.4071 of 2023(2) dt.26-04-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T