Benkatesh Sharma @ Sadhu Sharma @ Binkatesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3940 of 2019 Arising Out of PS. Case No.-60 Year-2011 Thana- DAUDNAGAR District- Aurangabad ====================================================== Benkatesh Sharma @ Sadhu Sharma @ Binkatesh Sharma, aged about 45 years, gender Male, Son of Late Baijnath Singh, Resident of Village - Kaithi, P.S. - Jamhore, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

During a dance programme, a person came introducing himself as elder brother of the bridegroom and he fired at a dancer as a result whereof she died. The occurrence allegedly took place on 20.05.2011. In the year 2018, it surfaced that the petitioner is elder brother of the bridegroom. Submission is that petitioner is in custody since 14.09.2018. He has got no criminal antecedent. Investigation of

Patna High Court CR. MISC. No.3940 of 2019(3) dt.16-04-2019 2/2 the case is already complete. He was never put on Test Identification Parade.

Considering the aforesaid lacuna, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Daudnagar Police Station Case No. 60 of 2011, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T