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Patna High CourtCR. MISC./5140/2023allowed

Shankar Sharma v. The State Of Bihar

2023-04-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5140 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- CHENARI District- Rohtas ====================================================== Shankar Sharma Son Of Bhaltu Sharma R/V- Sisrita, P.S.- Nokha, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chenari P.S. Case No. 66 of 2022 registered under sections 379 and 328 of the Indian Penal Code.

Allegation against the F.I.R. name accused person, namely, Pintu Sharma is that he administered intoxicating material to the informant's driver and dashed him from the tractor and fled with the said tractor.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in F.I.R. rather his name came into light

Patna High Court CR. MISC. No.5140 of 2023(2) dt.07-04-2023 2/2 in this case during the course of investigation on the basis of his self confessional statement recorded in Sheosagar (Baddi O.P.) P.S. Case No. 130 of 2022 and from that case petitioner has been remanded in this case. Nothing stolen article has been recovered from his possession. He has no concern either with the said tractor or with this alleged offence. Moreover, he is languishing in judicial custody since 13.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chenari P.S. Case No. 66 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Sasaram, DistrictRohtas. (Sunil Kumar Panwar, J) shubham/- U T