Awadhesh Sharma @ Avinash Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6635 of 2023 Arising Out of PS. Case No.-314 Year-2020 Thana- SAHPUR District- Patna ====================================================== AWADHESH SHARMA @ AVINASH SHARMA Son of Late Mundrika Sharma R/V- Ganghara, P.s- Shahpur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.
This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Shahpur P.S.Case No. 314 of 2020.
As per allegation, seven named accused persons along with 4-5 unknown accused persons, opened fire, resulting in the death of elder brother of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent. There is case and counter case and in the counter case also, younger brother of the petitioner
Patna High Court CR. MISC. No.6635 of 2023(6) dt.05-05-2023 2/2 had died. He has submitted further that, exactly on similarly footing, co-accused Sheojee Sharma has been granted bail by a coordinate Bench of this Court in Cr.Misc.No.19602 of 2021. The petitioner is in custody since 29.08.2022. Considering the above facts and circumstances, let the petitioner, above-named, 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 Additional Chief Judicial Magistrate, 1st, Danapur in connection with Shahpur P.S.Case No.314 of 2020, subject to the following conditions:- "The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court."
(Nawneet Kumar Pandey, J) HR/- U T