Vikash Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21608 of 2021 Arising Out of PS. Case No.-258 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== VIKASH SHARMA, S/o- Naresh Sharma, R/o- Village - Sareya Ward No. 5, P.S. - Gopalganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harendra Prasad, Adv.
For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B)/34 and 506 of the Indian Penal Code.
The accusation is that while the informant was going to his house alongwith his friend, boarding on the motorcycle of Ashish Singh, six persons, named in the FIR, including the petitioner, boarding on two motorcycles came there and
Patna High Court CR. MISC. No.21608 of 2021(2) dt.09-08-2021 2/3 encircled them. Thereafter, Chandan Dubey and Pravin Sahi gave the knife below at Ashish Singh causing injury on his chest and back. When they became satisfied that he has died, then all fled away from there.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. There is specific overt act against the co-accused namely Chandan Dubey and Pravin Sahi of causing knife injury on the chest and back of Ashish Singh, who died on the spot. The petitioner is languishing in judicial custody since 28.12.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted bail by the coordinate Benches of this Court vide order dated 06.08.2019 passed in Cr. Misc. No.47407/2019 and order dated 17.02.2020 passed in Cr. Misc. No.66944/2019.
Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five
Patna High Court CR. MISC. No.21608 of 2021(2) dt.09-08-2021 3/3 thousand) with two sureties of the like amount each in connection with Gopalganj Town P.S. Case No. 258/2019 to the satisfaction of learned Court below where the case is pending/ successor Court.
(Anjani Kumar Sharan, J) amitkumar/- U T