Amarjeet Sharma @ Pintu Sharma @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15283 of 2019 Arising Out of PS. Case No.-489 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Amarjeet Sharma @ Pintu Sharma @ Pintu S/o Late Rajendra Sharma Resident of village-Baghra, P.S-Siwan Muffasil, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code. Allegation is that the petitioner committed murder of his full brother Uttam Sharma by causing injury with sword for land dispute.

Learned counsel for the petitioner submits that informant Manoj Sharma has already been examined as P.W. 4 during the course of trial. He has admitted that he is brotherin-law of the deceased and he came to know about the occurrence of murder of the deceased. Thereafter, he went to hospital. His further cross-examination would reveal that he

Patna High Court CR. MISC. No.15283 of 2019(3) dt.21-06-2019 2/2 had not seen the occurrence. Contention is that identical is the statement of the wife of the deceased that at the time of occurrence she was in Gujarat. The petitioner is in custody since 30.06.2018.

Considering the aforesaid material there is no reason to further detain the petitioner as under trial prisoner, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Siwan Muffasil P.S. Case No.489 of 2017, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T