Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10814 of 2023 Arising Out of PS. Case No.-227 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

RAJ KUMAR SHARMA Son of Late Sundar Sharma Resident of VillageMohanpur Tilakdhari Tola, P.S.- Bakharpur O.P., District- Bhagalpur 2.

LAKHAN KUMAR Son of Raj Kumar Sharma Resident of VillageMohanpur Tilakdhari Tola, P.S.- Bakharpur O.P., District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch (Daain) Act.

The allegation against the petitioners and others is of killing the wife of the informant. It is further alleged in early morning fight took place, in which cow of petitioner no. 1 expired and the accused levelled allegation against his wife that

Patna High Court CR. MISC. No.10814 of 2023(3) dt.17-05-2023 2/3 she is a Daain.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. There are no consistent evidence and no eye-witness of the alleged occurrence to show these petitioners have involved in the said crime. The confessional statement of co-accused Gautam Sharma, who confessed about the guilt that he assaulted to the deceased by means of farsa and on his disclosure a Hasua (sharp cutting weapon) recovered from the house of him. On the basis of suspicion, these petitioners have implicated in the present case. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 19.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.10814 of 2023(3) dt.17-05-2023 3/3 Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 227 of 2022.

(Sunil Kumar Panwar, J) arish/- U T