Chhotu Sharma @ Chhotu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10302 of 2023 Arising Out of PS. Case No.-327 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Chhotu Sharma @ Chhotu Kumar Sharma Son Of Hardeo Sharma @ Har Deo Tanti R/V- Badi Tarauna Chodhali, P.S- Beldaur, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner along with other accused persons are said to have committed murder of the brother of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is specific allegation of firing against the co-accused Md. Ibo and Md. Asfak. He submits that similarly situated co-accused

Patna High Court CR. MISC. No.10302 of 2023(2) dt.20-04-2023 2/2 has already been granted bail by a Bench of this Court vide order dated 07.02.2023 passed in Cr. Misc. No. 49207 of 2022. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Beldaur P.S. Case No. 327 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T